On 20 December 1996, the World Intellectual Property Organization Diplomatic Conference in Geneva adopted the WIPO Performances and Phonograms Treaty (WPPT). The Conference ran from 2 to 20 December. One original, equally authentic English, Arabic, Chinese, French, Russian and Spanish texts (Article 32). Depositary: the Director General of WIPO. It remained open for signature until 31 December 1997 by any Member State of WIPO and by the European Community (Article 28). Article 26: WIPO Member States may become party; the Assembly may admit competent intergovernmental organizations; the European Community, having made the declaration at the Conference, may become party.

Article 1: it shall not derogate from the Rome Convention of 26 October 1961; protection granted leaves intact the protection of copyright in literary and artistic works; the Treaty has no connection with, nor prejudices rights under, any other treaties. Article 3: protection for nationals of other Contracting Parties, using the Rome Convention eligibility criteria. Article 4: national treatment for the exclusive rights specifically granted and for the equitable remuneration in Article 15, except to the extent another Party uses the reservations permitted there.

For performers, Article 5 recognizes, independently of economic rights, the right to be identified and to object to any distortion, mutilation or other modification prejudicial to reputation, as regards live aural performances or performances fixed in phonograms. Article 6: exclusive rights in unfixed performances — broadcasting and communication to the public (except where the performance is already a broadcast performance) and fixation. Articles 7 to 10: reproduction, distribution, commercial rental and making available to the public of performances fixed in 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.

For producers of phonograms, Articles 11 to 14 grant the same four economic rights in their phonograms. Article 15: a single equitable remuneration for the direct or indirect use of phonograms published for commercial purposes for broadcasting or any communication to the public; a Party may declare that it will apply these provisions only to certain uses or not at all. Article 16: the same kinds of limitations or exceptions as for copyright in literary and artistic works, confined by the three-step test. Article 17: a minimum term of 50 years, computed from the end of the year of fixation (performers) or of publication, or, failing publication within 50 years, of fixation (producers).

Article 18: adequate legal protection against the circumvention of effective technological measures used by performers or producers, without describing methods. Article 19: remedies against unauthorized removal or alteration of electronic rights management information. Article 20: no formalities. Article 21: no reservations, subject to Article 15(3). Article 29: it enters into force three months after 30 instruments of ratification or accession by States have been deposited. Entry into force: 20 May 2002. Article 31: denunciation takes effect one year after notification.

The Treaty was adopted at the same Conference as the WIPO Copyright Treaty. The list of Contracting Parties is not set out here.

WIPO Headquarters, Geneva, not the hall of the Diplomatic Conference. Wikimedia Commons, free licence.

For context: WIPO Performances and Phonograms Treaty. The text: WIPO Performances and Phonograms Treaty (WPPT).