Summary of the Convention for the Protection of Producers of Phonograms against Unauthorized Duplication of their Phonograms (1971)

The Convention provides for the obligation of each contracting State to protect a producer of phonograms who is a national of another contracting State against the making of duplicates without the consent of the producer, against the importation of such duplicates, where the making or importation is for the purposes of distribution to the public, and against the distribution of such duplicates to the public. “Phonogram” means an exclusively aural fixation (that is, it does not comprise, for example, the sound tracks of films or videocassettes), whatever be its form (disc, tape or other). Protection may be provided as a matter of copyright law, sui generis (related rights) law, unfair competition law or penal law. Protection must last for at least 20 years from the first fixation or the first publication of the phonogram. (However, national laws ever more frequently provide for a 50-year term of protection.)

The Secretariat of WIPO exercises the function of secretariat for this Convention.

The Convention does not provide for the institution of a Union, any governing body or a budget.

The Convention  is open to any State that is a member of the United Nations or of any of the agencies belonging to the United Nations system of organizations. Instruments of ratification, acceptance or accession must be deposited with the Secretary-General of the United Nations.

Treaties and Contracting Parties

Related Links

E-Newsletters