Decree No 192 / 1964 Coll.
Decree of the Minister for Foreign Affairs on the International Convention for the Protection of Performance Artists, Sound Recorder Manufacturers and Radio Organisations
Valid
Effective from 14.08.1964
192
DECLARATION
Minister for Foreign Affairs
of 18 September 1964
on the International Convention for the Protection of Performance Artists, Sound Recorder Manufacturers and Radio Organisations
On 26 October 1961, the International Convention for the Protection of Performance Artists, Sound Record Manufacturers and Radio Organisations was negotiated in Rome.
The National Assembly agreed with the Convention on 26 February 1964 and the President of the Republic signed the Charter on the Access of the Czechoslovak Socialist Republic to the Convention on 16 March 1964.
The Charter on access to Article 16 (1) (a) (iii) and (iv) of the Czechoslovak Socialist Republic was deposited with the Secretary-General of the United Nations - depositary of the Convention - on 13 May 1964. The Convention entered into force on 14 August 1964 for the Czechoslovak Socialist Republic on the basis of Article 25 (2) thereof.
The Czech translation of the Convention is being announced simultaneously.
David v. r.
INTERNATIONAL CONVENTION
on the protection of performers, producers of sound images and radio organisations
The Contracting States, guided by their wish to protect the rights of performers, producers of sound images and radio organisations, have agreed on the following:
The protection granted under this Convention shall remain intact and shall in no way affect the protection of copyright to literary and artistic works. Nothing in this Convention shall therefore be construed as prejudicing such protection.
1. For the purposes of this Convention, the national regime shall mean the rights conferred by the internal legislation of the Contracting State where protection is sought,
(a) performers who are his or her citizens to the performances carried out, broadcast or first recorded on his or her territory;
(b) producers of phonograms who are their citizens, to phonograms for the first time permanently recorded or first issued on their territory;
(c) radio organisations which have their registered office in its territory to radio programmes broadcast by broadcasters located in its territory.
2. The national regime shall be granted taking into account the protection specifically secured and the restrictions expressly provided for in this Convention.
For the purposes of this Convention:
(a) "performers" means actors, singers, musicians, dancers and other persons who play, sing, perform, lecture, perform or otherwise present literary or artistic works;
(b) "audio image" means any recording, exclusively by hearing, susceptible to sounds of artistic performance or other sounds;
(c) "phonograms manufacturer" means a natural or legal person who first records performance sounds or other sounds;
(d) "release" means the making available to the public of copies of sound pictures in a reasonable amount;
(e) "copy" means the production of one or more copies of an alert;
(f) "radio broadcasting" means the wireless dissemination of sounds or images and sounds to the public;
(g) "transmission" means the simultaneous transmission of a programme by one radio organisation to another.
Each Contracting State shall grant rights under the national regime to performers if any of the following conditions are met:
(a) enforcement shall take place in another Contracting State;
(b) the performance shall be part of an audio image protected pursuant to Article 5 of this Convention;
(c) the performance which is not recorded on the audio image is a component of the radio programme broadcast which is protected pursuant to Article 6 of this Convention.
1. Each Contracting State shall grant rights under the national scheme to producers of phonograms if any of the following conditions are met:
(a) the phonogram manufacturer is a citizen of another Contracting State (aspect of nationality);
(b) the first sound recording was made in another Contracting State (aspect of the alert);
(c) the audio image was first issued in another Contracting State (issue aspect).
2. If the audio image was first issued in a non-Contracting State but within 30 days of its first issue also in a Contracting State (current edition), it shall be deemed to have been first issued in a Contracting State.
3. Any Contracting State may declare by written notice deposited with the Secretary-General of the United Nations that it will not apply either the issue or the alert. Such written notification may be made at the time of ratification, acceptance or accession or at any later time; in this case, it shall become effective six months after its deposit.
1. Each Contracting State shall grant rights under the national regime to radio organisations if any of the following conditions are met:
(a) the headquarters of the radio organisation shall be located in another Contracting State;
(b) the radio programme has been distributed by a broadcasting station located in another Contracting State.
2. Any Contracting State may declare by written notice deposited with the Secretary-General of the United Nations that it will protect radio programmes only if the headquarters of the radio organisation is located in another Contracting State and the programme has been distributed by a broadcasting station located in the same Contracting State. Such written notification may be made at the time of ratification, acceptance or accession or at any later time; in this case, it shall become effective six months after its deposit.
1. Protection of performers under this Convention shall include the possibility of preventing:
(a) the radio broadcasting and the public presentation of their performance without their consent, except where the performance used in the transmission or in the public presentation is, in itself, the power transmitted or the transmission is made from an alert;
(b) the acquisition of a record of their unrecorded execution without their consent;
(c) a copy of the record of their execution without their consent:
(i) if the original record itself has been issued without their consent;
(ii) if it is reproduced for purposes other than those for which the performers have given their consent;
(iii) where the original alert has been issued in accordance with the provisions of Article 15 and the copy is made for purposes other than those referred to in those provisions.
2. (a) If the performers have granted permission for radio broadcasting, the internal legislature of the Contracting State in which protection is sought shall be left to the extent that it is sought to adjust the protection against transmission, the acquisition of an alert for broadcasting purposes and the reproduction of such an alert for broadcasting purposes.
(b) The conditions for the use of records made for the purpose of broadcasting by radio organisations shall be governed by the internal legislation of the Contracting State where protection is sought.
(c) However, in the cases referred to in paragraphs 1 and 2 of this paragraph, internal legislation may not deprive an executive artist of the possibility of adjusting their relations with radio organisations by contract.
Each Contracting State may determine, through its internal legislation, how the performers will be represented in the exercise of their rights if several of them participate in the same performance.
Any Contracting State may, through its internal legislation, extend protection under this Convention to artists who do not include literary or artistic works.
Producers of phonograms shall have the right to permit or prohibit direct or indirect copies of their phonograms.
Where, under its internal legislature, a Contracting State requires the performance of formalities as a condition for the protection of the rights of producers of phonograms or performers, or of both, for the performance of phonograms, those conditions shall be deemed to have been fulfilled if all copies of the sound image released put up for sale or their packaging bear a note consisting of the emblem attached to the year of first issue, placed in such a way that it is sufficiently demonstrated that protection is being claimed; and, if the copies or their packaging are not provided by the manufacturer or by a person authorised by the manufacturer (by affixing the name, trade mark or other appropriate marking), the note shall also include the name of the owner of the manufacturer's rights. Finally, if copies or their packaging are not provided by the main performer, the remark shall also include the name of the person who owns the rights of such performers in the State where the permanent record was made.
If the audio image issued for commercial purposes or a copy of such audio image is used directly for radio broadcasting or for public presentation, the user shall pay one reasonable reward to performers or producers of audio images or both. In the absence of agreements between these parties, the conditions for the distribution of this remuneration may be determined by internal legislation.
Radio organisations shall have the right to permit or prohibit:
(a) the transmission of their radio programmes;
(b) the recording of their radio programmes;
(c) copies:
(i) records of their radio programmes taken without their consent;
(ii) records of their radio programmes taken in accordance with the provisions of Article 15 if they are reproduced for purposes other than those referred to in those provisions;
(d) a public presentation of their television programmes, if such a presentation takes place in places accessible to the public for admission; leave it to the internal legislature of the State where protection of that right is sought in order to determine the conditions for its enforcement.
Protection granted under this Convention shall continue for at least a period of 20 years from the end of the year in which it was granted:
(a) the recording taken - in the case of audio images and the performance recorded on them;
(b) performance performed - in the case of performances not recorded on the audio image;
(c) a radio programme - for radio programmes.
1. Each Contracting State may, by its internal legislation, provide for exemptions from the protection provided for by this Convention:
(a) private use;
(b) the use of short extracts in the reporting of current events;
(c) short-term recording by the radio organisation by its own means and for its own transmission;
(d) use exclusively for the purposes of teaching or scientific research.
2. Notwithstanding the provisions of paragraph 1 of this Article, each Contracting State may, by its internal legislation, lay down the same types of restrictions on the protection of the rights of performers, producers of phonograms and radio organisations as it has laid down by internal legislation in connection with the protection of copyright in literary and artistic works. However, legal licences may be established only to the extent that this is compatible with this Convention.
1. Each State, as soon as it becomes a Contracting Party to this Convention, shall be bound by all obligations and shall enjoy all the benefits resulting therefrom. However, any State may at any time declare by written notice deposited with the Secretary-General of the United Nations that:
(a) as regards Article 12:
(i) not apply the provisions of this Article;
(ii) not to apply the provisions of this Article as regards certain uses;
(iii) not apply this Article to phonograms whose manufacturer is not a citizen of another Contracting State;
(iv) limit the protection provided for in this Article to the extent and duration of the protection provided for in this Article for phonograms the manufacturer of which is a citizen of another Contracting State, for the first time recorded by the citizen of the State making the declaration; the fact that the Contracting State of which the manufacturer is a citizen does not grant protection to the same person or entity as the State making the declaration but will not be regarded as a difference in the scope of the protection;
(b) as regards Article 13, it shall not recognise the provisions under (d) of this Article; where a Contracting State makes such a declaration, the other Contracting States shall not be obliged to grant the right under Article 13 (d) to radio organisations whose registered office is in that State.
2. If the written notification referred to in paragraph 1 of this Article is made only after the deposit of the instrument of ratification, acceptance or accession, the declaration shall become effective six months after its deposit.
Any State which, on 26 October 1961, grants protection to producers of phonograms solely on the basis of an alert, may declare by written notice deposited with the Secretary-General of the United Nations when ratifying, accepting or accessing that it recognises in Article 5 only the aspect of the alert and in Article 16 (1) (a) (iii) and (iv) the aspect of the alert instead of the nationality.
Any State which has made a written notification pursuant to Article 5 (3), Article 6 (2), Article 16 (1) or Article 17 may restrict or withdraw its scope by further written notification to the Secretary-General of the United Nations.
Once the performer has authorised his performance to be part of a visual or audiovisual record, Article 7 shall not apply to him from that time onwards, irrespective of any other provisions of this Convention.
1. This Convention shall not affect the rights acquired in any Contracting State before the entry into force of this Convention for that State.
2. No Contracting State shall be obliged to apply the provisions of this Convention to the performances or broadcasts which have taken place or to the sound images recorded before the entry into force of this Convention for that State.
Protection under this Convention shall not affect any protection afforded to performers, producers of sound images and radio organisations otherwise.
Contracting States shall reserve the right to negotiate specific agreements between themselves if such agreements confer on performers, phonograms producers or radio organisations broader rights than those accorded by this Convention or if they contain other provisions not contrary to this Convention.
This Convention shall be deposited with the Secretary-General of the United Nations. It shall be open until 30 June 1962 for signature by all States invited to the diplomatic conference on the international protection of performers, producers of sound images and radio organisations which are members of the General Convention on Copyright or of the International Union for the Protection of Literary and Artistic Works.
This Convention shall be subject to ratification or acceptance by the signatory States.
2. This Convention shall be open to access to any State invited to the Conference referred to in Article 23 and to any Member State of the United Nations, provided that in both cases such State is a Contracting Party to the General Convention on Copyright or a member of the International Union for the Protection of Literary and Artistic Works.
3. Ratification, acceptance or access shall be carried out by the deposit of the relevant instrument with the Secretary-General of the United Nations.
1. This Convention shall enter into force three months after the deposit of the sixth instrument of ratification, acceptance or accession.
2. For each other State, this Convention shall enter into force three months after the deposit of its instrument of ratification, acceptance or accession.
1. Each Contracting State undertakes to take the necessary measures in accordance with its Constitution to ensure the implementation of this Convention.
2. At the time of the deposit of its instrument of ratification, acceptance or accession, each State must be able to implement the provisions of this Convention on the basis of its national legislation.
1. Any State may, at the time of ratification, acceptance or accession or at any time thereafter, declare by written notice addressed to the Secretary-General of the United Nations that it extends this Convention to all or any territory under whose international relations it is responsible, provided that the General Convention on Copyright or the International Convention for the Protection of Literary and Artistic Works applies to the relevant territory. This written notification shall take effect three months after the date of its adoption.
2. The written notifications referred to in Articles 5 (3), 6 (2), 16 (1) and 17 or 18 may be extended to all or any of the territories referred to in paragraph 1 of this Article.
1. Any Contracting State may terminate this Convention on its own behalf or on behalf of all or any of the territories referred to in Article 27.
2. The denunciation shall take place by written notice addressed to the Secretary-General of the United Nations and shall take effect 12 months after its adoption.
3. The rights of denunciation under this Article may not be exercised by the Contracting State before the expiry of the five-year period from the date on which the Convention became applicable to that State.
4. The Contracting State shall cease to be a Contracting Party to this Convention since it has neither been a Contracting Party to the General Convention on Copyright nor a Member of the International Union for the Protection of Literary and Artistic Works.
5. This Convention shall cease to apply to any territory referred to in Article 27 as soon as neither the General Convention on Copyright nor the International Convention for the Protection of Literary and Artistic Works apply to it.
1. As from five years after the entry into force of this Convention, each Contracting State may request by written notice addressed to the Secretary-General of the United Nations that a conference be convened for the purpose of revision of this Convention. The Secretary-General shall communicate this request to all Contracting States. If, within six months following the notification by the Secretary-General of the United Nations, at least half of the Contracting States that it is annexed to the application, the Secretary-General shall notify the Director-General of the International Labour Office, the Director-General of the United Nations for Education, Science and Information and the Director of the Office of the International Union for the Protection of Literary and Artistic Works, who shall convene in cooperation with the Intergovernmental Committee set up under Article 32 of the Review Conference.
2. The adoption of each revision of this Convention requires the consent of two thirds of the States present at the Review Conference, provided that in this majority, two thirds of the States which will be Parties to the Convention at the time of the Review Conference.
3. In the event of the adoption of a new Convention revising this Convention in whole or in part, unless the new Convention provides otherwise:
(a) this Convention shall cease to be open to ratification, acceptance or accession since the entry into force of the new Convention;
(b) this Convention shall remain in force for relations between Contracting States which do not become Parties to the new Convention.
Any dispute between two or more Contracting States concerning the interpretation or implementation of this Convention, which will not be removed by negotiation, shall be brought to a decision by the International Court of Justice at the request of either Party in a dispute, unless otherwise decided upon.
Without prejudice to Articles 5 (3), 6 (2), 16 (1) and 17, no reservations may be made on this Convention.
1. An Intergovernmental Committee shall be established with the following tasks:
(a) examine issues related to the implementation and operation of this Convention; and
(b) collect proposals and prepare documentation for the possible revision of this Convention.
2. The Committee shall be composed of representatives of the Contracting States, selected with due regard for an even geographical representation. The members shall be six if the Contracting States are twelve or less, nine if the Contracting States are thirteen to eighteen, and twelve if the Contracting States are more than eighteen.
3. The Committee will be set up 12 months after the entry into force of the Convention by a choice between the Contracting States, each of which will have one vote, organised by the Director-General of the International Labour Office, the Director-General of the United Nations for Education, Science and Information and the Director of the Office of the International Union for the Protection of Literary and Artistic Works, in accordance with the rules previously approved by a majority of the Contracting States.
4. The Committee shall elect its chairman and an official. It shall draw up its own rules of procedure. In particular, these Regulations shall lay down the other powers of the Committee and the arrangements for the further selection of its members in order to ensure the rotation of the different Contracting States.
5. The secretariat of the Committee shall be composed of the staff of the International Labour Office, the United Nations Organisation for Education, Science and Information and the Office of the International Union for the Protection of Literary and Artistic Works, to be designated by the relevant Directors General and Director of these three organisations.
6. The meetings of the Committee, which will be convened whenever the majority of its members consider it necessary, will be held gradually at the headquarters of the International Labour Office, the United Nations for Education, Science and Information and the Office of the International Union for the Protection of Literary and Artistic Works.
7. The expenses of members of the Committee shall be borne by their respective governments.
1. This Convention is drawn up in English, French and Spanish and all three texts are equally authentic.
2. In addition, the official texts of this Convention shall be drawn up in German, Italian and Portuguese.
1. The Secretary-General of the United Nations shall notify the States invited to the Conference referred to in Article 23 and to each Member State of the United Nations, as well as the Director-General of the International Labour Office, the Director-General of the United Nations for Education, Science and Information and the Director-General of the Office of the International Union for the Protection of Literary and Artistic Works:
(a) the deposit of each instrument of ratification, acceptance or accession;
(b) the date of entry into force of the Convention;
(c) any notification, declaration or communication under this Convention;
(d) if any of the circumstances referred to in Article 28 (4) and (5) arise.
2. The Secretary-General of the United Nations shall also communicate to the Director-General of the International Labour Office, the Director-General of the United Nations for Education, Science and Information and to the Director-General of the International Union for the Protection of Literary and Artistic Works, requests communicated to him pursuant to Article 29, as well as any communications received from the Contracting States concerning the revision of the Convention.
To prove the signature, duly empowered to do so, they signed this Convention.
Done at Rome, 26 October 1961, in one copy in English, French and Spanish. The certified copies shall be delivered by the Secretary-General of the United Nations to all States invited to the Conference referred to in Article 23 and to all Member States of the United Nations, as well as to the Director-General of the International Labour Office, the Director-General of the United Nations for Education, Science and Information and to the Director of the Office of the International Union for the Protection of Literary and Artistic Works.
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Regulation Information
| Citation | Decree of the Ministry of Foreign Affairs No. 192 / 1964 Coll., on the International Convention for the Protection of Performance Artists, Sound Recording Manufacturers and Radio Organisations |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 25.11.1964 |
|---|---|
| Effective from | 14.08.1964 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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