Decree of the Minister for Foreign Affairs No. 32 / 1985 Coll.
Decree of the Minister for Foreign Affairs on the Convention for the Protection of producers of phonograms against the Illegal Reproduction of their phonograms
Valid
Effective from 15.01.1985
32
DECLARATION
Minister for Foreign Affairs
of 18 February 1985
concerning the Convention on the Protection of producers of phonograms against the Illicit Reproduction of their phonograms
On 29 October 1971, the Convention on the protection of producers of phonograms against the illicit reproduction of their phonograms was negotiated in Geneva.
The Charter on the access of the Czechoslovak Socialist Republic to the Convention on the Protection of producers of phonograms against the Illegal Reproduction of their phonograms was deposited with the Secretary-General of the United Nations, depositary of the Convention, on 5 October 1984.
A declaration to Article 11 (3) has been made when accessing the Convention The Convention that that provision is contrary to the United Nations VS Declaration of Independence on Colonial Territories and Nations, adopted by UNSCR 1514 (XV) of 14 December 1960.
The Convention entered into force on 18 April 1973 on the basis of Article 11 (1) thereof. For the Czechoslovak Socialist Republic, the Convention entered into force on 15 January 1985 in accordance with Article 11 (2) thereof.
The Slovak translation of the Convention is being announced simultaneously. *)
Minister:
Ing. Chupek v. r.
CONVENTION
on the protection of producers of phonograms against the illicit reproduction of their phonograms
Contracting States,
concerned by the continuous increase in the illicit reproduction of phonograms and the damage resulting therefrom to authors, performers and phonograms producers,
convinced that the protection of producers of phonograms against such acts will also benefit performers and authors whose artistic performance and works are recorded on those phonograms;
appreciating the work carried out in this area by the United Nations Organisation for Education, Science and Culture and the World Intellectual Property Organisation,
ensuring that international agreements already in force do not weaken in any way, in particular that they do not impede a wider approach to the Rome Convention of 26 October 1961, which provides protection for performers and radio organisations, as well as phonograms producers, have agreed on the following:
For the purposes of this Treaty:
(a) "sound recording" means any recording, exclusively by hearing, which is susceptible to the sounds of artistic performance or other sounds;
(b) "phonogram manufacturer" means any natural or legal person who first records sounds of artistic performance or other sounds;
(c) "frame" means a item containing sounds taken directly or indirectly from a sound recording and comprising all or a substantial part of the sounds recorded on that sound recording;
(d) "public dissemination" means any act by which images of sound recording are offered directly or indirectly to the general public or to parts thereof.
Each Contracting State undertakes to protect producers of phonograms belonging to other Contracting States against the production of images without the consent of the manufacturer and against the import of such images, provided that such copies or imports are made for the purpose of public dissemination and against the public dissemination of such images.
The means of implementing this Convention shall be reserved for the internal legislature of each Contracting State and shall include one or more of the following means of protection: by granting copyright or other special law, by law on unfair competition and by means of criminal penalties.
The duration of the protection provided shall be reserved for the internal legislature of each Contracting State. However, where internal legislation provides for a specific duration of protection, that duration may not be less than 20 years, either from the end of the year in which the sounds contained in the phonogram were first recorded or from the end of the year in which the phonogram was first published.
Where, under its internal legislation, a Contracting State requires, as a condition for the protection of producers of phonograms, certain formalities to be completed, those formalities shall be deemed to have been completed if all duly drawn up photographs of the phonograms which are publicly distributed or their packaging are accompanied by a note consisting of a symbol attached to the year of first publication, placed in such a way that it is sufficiently demonstrated that protection is being claimed; where the images or their packaging do not permit the identification of the manufacturer, his successor in law or a person exclusively entitled from the licence provided by the manufacturer (by his name, trade mark or other appropriate marking), the remark shall include the name of the manufacturer, his successor in law or the person exclusively entitled from the licence provided by the manufacturer.
Any Contracting State which provides protection by means of copyright or other special law or by means of criminal sanctions may impose in its internal legislature the same restrictions as are allowed to protect authors of literary and artistic works. However, no compulsory licence may be authorised if the following conditions are not met:
(a) reproduction shall take place only for the exclusive needs of teaching or scientific research;
(b) the reproduction licence is valid only in the territory of the Contracting State of which the competent authority has granted the licence and cannot be extended to exports of images;
(c) reproduction under such a licence shall take place at an appropriate remuneration set by that authority, taking into account, inter alia, the number of images taken.
1. This Convention shall in no way be interpreted in such a way as to restrict or weaken the protection guaranteed by authors, performers, phonograms or radio operators under internal legislation or under an international agreement.
2. The scope of the protection of performers whose artistic performance is recorded on sound recording and the conditions for the use of such protection shall be reserved for the provisions of the internal legislature of each Contracting State.
3. No Contracting State shall be required to apply the provisions of this Convention to any phonogram recorded before the entry into force of this Convention.
4. Any Contracting State which, on 29 October 1971, grants protection to phonograms producers only according to the place of first registration may declare, by means of a notice deposited with the Director-General of the World Intellectual Property Organisation, that that aspect will continue to apply instead of the manufacturer's jurisdiction.
1. The International Office of the World Intellectual Property Organisation shall collect and publish information concerning the protection of phonograms. Each Contracting State shall immediately notify the International Bureau of any new laws and official texts relating to this matter.
2. The International Bureau shall, upon request, provide each Contracting State with information on issues relating to this Convention and shall undertake research and provide services aimed at facilitating protection under this Convention.
3. The International Bureau shall perform the tasks and functions referred to in paragraphs 1 and 2 in cooperation with the United Nations Organisation for Education, Science and Culture and with the International Labour Organisation on matters relating to their competence.
1. This Convention shall be deposited with the Secretary-General of the United Nations. It shall be open for signature by 30 April 1972 to all States which are members of the United Nations or of one of the specialised agents which are in a particular relationship with the United Nations or the International Atomic Energy Agency or are a party to the Statute of the International Court of Justice.
2. This Convention shall be subject to ratification or acceptance by the signatory States. It shall be open to access by each State pursuant to paragraph 1 of this Article.
3. The instruments of ratification, acceptance or accession shall be deposited with the Secretary-General of the United Nations.
4. It is understood that each State, when it becomes bound by this Convention, is able to comply with the provisions of this Convention in accordance with its internal law.
No reservations shall be made to this Convention.
1. This Convention shall enter into force three months after the deposit of the fifth instrument of ratification, acceptance or accession.
2. For each State which has ratified or accepted this Convention or acceded to it after the deposit of the fifth instrument of ratification, acceptance or accession, the Agreement shall enter into force three months after the date on which the Director-General of the World Intellectual Property Organisation informs the States referred to in Article 14 (4) of its deposit.
3. Any State may, at the time of ratification, acceptance or accession or at any time thereafter, declare by notification to the Secretary-General of the United Nations that it will apply this Convention to all or certain territories for whose international affairs it is responsible. That notification shall enter into force three months after the date of its adoption.
4. However, the preceding paragraph cannot in any event be understood as including, by the Contracting State, recognition or tacit acceptance of the factual situation relating to the territory to which another Contracting State extends the application of this Convention under that paragraph.
1. This Convention may be denounced by each Contracting State in its own name or on behalf of one of the territories referred to in Article 11 (3) by a written notification addressed to the Secretary-General of the United Nations.
2. The denunciation shall take effect 12 months after the date on which it was delivered to the Secretary-General of the United Nations.
1. This Convention shall be signed in one copy in English, French, Russian and Spanish, all four texts being equally authentic.
2. The Director-General of the World Intellectual Property Organisation shall, after consultation with the participating States, lay down the official texts in the Arabic, Dutch, German, Italian and Portuguese languages.
3. The Secretary-General of the United Nations shall notify the Director-General of the World Intellectual Property Organisation, the Director-General of the United Nations for Education, Science and Culture and the Director-General of the International Labour Office:
(a) signatures of this Convention;
(b) the deposit of instruments of ratification, acceptance or accession;
(c) the date of entry into force of this Convention;
(d) any declaration notified pursuant to Article 11 (3);
(e) receipt of a notice of notice of termination.
4. The Director-General of the World Intellectual Property Organisation shall inform States covered by Article 9 (1) of notifications received pursuant to the previous paragraph and of any declarations made pursuant to Article 7 (4). Such a statement will also be notified to the Director-General of the United Nations for Education, Science and Culture and to the Director-General of the International Labour Office.
5. The Secretary-General of the United Nations shall forward two certified copies of this Convention to the States referred to in Article 9 (1).
In order to prove the signature, being duly empowered, they signed this Convention.
In Geneva, on 29 October 1971.
*) The Czech translation is published here.
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Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No 32 / 1985 Coll., on the Convention on the Protection of Sound Record Manufacturers against the Illegal Reproduction of Sound Records |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 15.04.1985 |
|---|---|
| Effective from | 15.01.1985 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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