Rome Convention: Protecting Performers, Producers, and Broadcasters
The landscape of intellectual property shifted significantly on October 26, 1961, with the acceptance of the Rome Convention. Established by members of the United International Bureaux for the Protection of Intellectual Property (BIRPI)—the predecessor to the World Intellectual Property Organization (WIPO)—this landmark agreement was jointly convened by BIRPI, the International Labour Organisation, and the United Nations Educational, Scientific and Cultural Organization.
While previous frameworks like the 1886 Berne Convention focused primarily on printed materials, the Rome Convention was a direct response to the rise of new technologies. The advent of tape recorders made the reproduction of sound and images cheaper and more accessible, creating a need to protect those who bring artistic works to life, even if they are not the original authors.
[ไม่มีภาพประกอบ]Key Facts
- Established: October 26, 1961.
- Purpose: Extends copyright-related rights to performers, sound recording producers, and broadcasting organizations.
- Core Focus: Addresses the reproduction of sounds and images enabled by recording technology.
- Minimum Protection: Generally 20 years, though many nations now provide 50 years.
- Key Entities: Protects non-authors who have a close relationship to a copyrighted work.
Scope of Protection
The Rome Convention introduces protections for three specific categories of entities and individuals who contribute to the dissemination of artistic works.
Performers
Performers include actors, singers, musicians, dancers, and others who execute literary or artistic works. They are protected against unauthorized acts, specifically:
- The broadcasting or public communication of their live performances.
- The fixation (the process of recording a performance on a medium) of their live performance.
- The reproduction of a fixation if the original was made without consent or is used for purposes other than those originally agreed upon.
Producers of Phonograms
A phonogram is defined as any exclusively aural fixation of sounds from a performance or other sounds. Producers have the right to authorize or prohibit the direct or indirect reproduction of these recordings.
In cases where a commercially published phonogram is used for secondary purposes, such as broadcasting, a single equitable remuneration must be paid to the performers, the producers, or both. However, contracting States may choose to limit or waive this specific rule.
Broadcasting Organizations
Organizations that broadcast content have the authority to prohibit or authorize the following:
- The rebroadcasting of their signals.
- The fixation and subsequent reproduction of their broadcasts.
- The public communication of television broadcasts in venues where an entrance fee is charged.
Legal Exceptions and Duration
To balance the rights of creators with the public interest, the Rome Convention (496 U.N.T.S 43) allows national laws to implement specific exceptions. These include:
- Private use.
- The use of short excerpts for reporting current events.
- Ephemeral fixation by a broadcasting organization using its own facilities for its own broadcasts.
- Use exclusively for scientific research or teaching purposes.
- Other exceptions provided by national law, provided they do not conflict with compulsory licenses under the Berne Convention.
It is important to note that once a performer consents to have their performance incorporated into a visual or audiovisual fixation, the specific provisions regarding performers' rights no longer apply.
Duration of Protection
Protection must last for at least 20 years, calculated from the end of the year in which the following occurred:
- For phonograms and incorporated performances: the date the fixation was made.
- For performances not in phonograms: the date the performance took place.
- For broadcasts: the date the broadcast occurred.
Despite this minimum, many national laws have increased this term to 50 years, particularly for performances and phonograms.
| Protected Entity | Primary Rights | Key Restriction/Condition |
|---|---|---|
| Performers | Control over live broadcast and fixation | Rights end after consent for audiovisual fixation |
| Phonogram Producers | Control over reproduction of aural fixations | Equitable remuneration for secondary commercial use |
| Broadcasters | Control over rebroadcasting and fixation | Restrictions on public communication for fee |
Frequently Asked Questions
What is the main difference between the Berne Convention and the Rome Convention?
The Berne Convention focuses on the authors of literary and artistic works (printed materials), while the Rome Convention extends protection to those who perform or produce those works, such as musicians and broadcasters.
What exactly is a phonogram?
Under the Rome Convention, a phonogram is any fixation of sounds—such as a performance or other audio—that is exclusively aural in nature.
How long does the protection under the Rome Convention last?
The minimum required protection is 20 years from the end of the year of fixation, performance, or broadcast, though many countries have extended this to 50 years.
Can a recording be used without permission for educational purposes?
Yes, the Rome Convention allows national laws to create exceptions for the sole purpose of teaching or scientific research.
What happens to a performer's rights if they agree to be in a movie?
Once a performer consents to the incorporation of their performance into a visual or audiovisual fixation, the specific provisions of the Rome Convention regarding performers' rights no longer apply.