On 29 October 1971, in Geneva, the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms was concluded. A single copy, in English, French, Russian and Spanish equally authentic. Depositary: the Secretary-General of the United Nations. It is not the Rome Convention of 26 October 1961 (performers, producers and broadcasting organisations) and it is not the WPPT of 1996. The preamble states expressly that it does not prejudice wider acceptance of the Rome Convention. It recognises the work of UNESCO and WIPO. Article 1: phonogram — any exclusively aural fixation of sounds of a performance or of other sounds (not a film soundtrack); producer — the person or legal entity which first fixes the sounds; duplicate — an article containing sounds taken directly or indirectly and embodying all or a substantial part of the sounds; distribution to the public — any act by which duplicates are offered to the public.

Article 2: each Contracting State shall protect producers who are nationals of other Contracting States against the making of duplicates without the producer’s consent, against the importation of such duplicates where the making or importation is for distribution to the public, and against distribution of such duplicates to the public. Article 3: the means are a matter for domestic law: copyright or another specific right, unfair-competition law, or penal sanctions. Article 4: duration is a matter for domestic law; if a term is prescribed, it shall not be less than twenty years from the end of the year of first fixation or of first publication. Article 5: if domestic law requires formalities, they are fulfilled if authorised duplicates or their containers bear a notice consisting of the symbol (P) and the year of first publication, reasonably visible; if they do not identify the producer, successor in title or exclusive licensee, the notice shall also include that name.

Article 6: the same kinds of limitations as for authors of literary and artistic works; no compulsory licence unless duplication is solely for teaching or scientific research, valid only in the territory of the State granting it, not for export, and subject to equitable remuneration. Article 7: the Convention shall not limit protection otherwise secured to authors, performers, producers or broadcasting organisations; the extent of performers’ protection is a matter for domestic law; no State is required to apply it to phonograms fixed before it entered into force for that State; a State which, on the date of conclusion, protected solely on the basis of the place of first fixation may declare to the Director General of WIPO that it will apply that criterion instead of the producer’s nationality.

Article 8: the International Bureau of WIPO shall assemble and publish information, in co-operation, for matters within their competence, with UNESCO and the International Labour Office. Article 9: open for signature until 30 April 1972, by Members of the United Nations, the specialised agencies, the IAEA or parties to the Statute of the ICJ; ratification, acceptance or accession with the Secretary-General of the United Nations; when a State becomes bound, its domestic law must be able to give effect to the Convention. Article 10: no reservations. Article 11: it enters into force three months after the fifth instrument — 18 April 1973 (866 UNTS 67). Denunciation takes effect after twelve months. Official texts also in Arabic, Dutch, German, Italian and Portuguese. It does not create a Union, a governing body or a budget.

WIPO headquarters, Geneva. The present building, not the conference hall. Wikimedia Commons, CC BY-SA 4.0.

For context: Geneva Phonograms Convention. The text: Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms.