International Copyright: Principles, Law, and Practice by Paul Goldstein & P. Bernt Hugenholtz

Author:Paul Goldstein & P. Bernt Hugenholtz [Goldstein, Paul]
Language: eng
Format: azw3
Publisher: Oxford University Press
Published: 2012-11-15T05:00:00+00:00

§9.2.2 Rights of Phonogram Producers

Both the Rome Convention and the Geneva Phonograms Convention protect record producers against the unauthorized reproduction of their phonograms—“direct or indirect reproduction” in the case of the Rome Convention,300 and “making of duplicates” in the case of the Phonograms Convention.301 Unlike the Rome Convention, the Phonograms Convention provides for a public distribution right.302 Unlike the Phonograms Convention, the Rome Convention provides for a performance right: “If a phonogram published for commercial purposes, or a reproduction of such phonogram, is used directly for broadcasting or for any communication to the public, a single equitable remuneration shall be paid by the user to the performers, or to the producers of the phonograms, or to both.”303

The WIPO Performances and Phonograms Treaty extends the rights of phonogram producers to new technological uses, much as it does with the rights of performers.304 Like the Rome Convention and the TRIPs Agreement, the Performances and Phonograms Treaty provides that phonogram producers “shall enjoy the exclusive right of authorizing the direct or indirect reproduction of their phonograms, in any manner or form.”305 Like the Phonograms Convention, the Performances and Phonograms Treaty establishes a commercial rental right306 and, though in far less cumbered terms, a distribution right.307 Finally, as with performers, the Performances and Phonograms Treaty promises phonogram producers “the exclusive right of authorizing the making available to the public of their phonograms, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them.”308 The E.C. Directive on Rental Rights and Related Rights requires member states to give phonogram producers an exclusive rental and lending right with respect to their phonograms309 and an exclusive right to distribute their phonograms to the public.310 As with performers, the E.C. Copyright in the Information Society Directive consolidates and extends the reproduction right of phonogram producers to include temporary digital copies and also introduces a right of making available online.311

Download

Copyright Disclaimer:
This site does not store any files on its server. We only index and link to content provided by other sites. Please contact the content providers to delete copyright contents if any and email us, we'll remove relevant links or contents immediately.