Article

Preamble

Chapter I:
General Provisions
Relation to Other Conventions...................................... 1
Definitions..................................................................... 2
Beneficiaries of Protection under this Treaty................ 3
National Treatment ....................................................... 4

Chapter II:
Rights of Performers
Moral Rights of Performers........................................... 5
Economic Rights of Performers in their Unfixed
Performances................................................................. 6
Right of Reproduction................................................... 7
Right of Distribution ..................................................... 8
Right of Rental.............................................................. 9
Right of Making Available of Fixed Performances....... 10

Chapter III:
Rights of Producers of Phonograms
Right of Reproduction................................................... 11
Right of Distribution ..................................................... 12
Right of Rental.............................................................. 13
Right of Making Available of Phonograms................... 14

Chapter IV:
Common Provisions
Right to Remuneration for Broadcasting and
Communication to the Public........................................ 15
Limitations and Exceptions........................................... 16
Term of Protection ........................................................ 17
Obligations concerning Technological Measures.......... 18
Obligations concerning Rights Management
Information ................................................................... 19
Formalities .................................................................... 20
Reservations.................................................................. 21
Application in Time ...................................................... 22
Provisions on Enforcement of Rights............................ 23

Chapter V:
Administrative and Final Clauses
Assembly ...................................................................... 24
International Bureau...................................................... 25
Eligibility for Becoming Party to the Treaty................. 26
Rights and Obligations under the Treaty....................... 27
Signature of the Treaty.................................................. 28
Entry into Force of the Treaty....................................... 29
Effective Date of Becoming Party to the Treaty ........... 30
Denunciation of the Treaty............................................ 31
Languages of the Treaty................................................ 32
Depositary..................................................................... 33

Preamble

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The Contracting Parties,

Desiring to develop and maintain the protection of the rights of performers and
producers of phonograms in a manner as effective and uniform as possible,

Recognizing the need to introduce new international rules in order to provide adequate
solutions to the questions raised by economic, social, cultural and technological
developments,

Recognizing the profound impact of the development and convergence of information
and communication technologies on the production and use of performances and phonograms,

Recognizing the need to maintain a balance between the rights of performers and
producers of phonograms and the larger public interest, particularly education, research and
access to information,

Have agreed as follows:

Chapter I
General Provisions

Article 1
Relation to Other Conventions

(1) Nothing in this Treaty shall derogate from existing obligations that Contracting
Parties have to each other under the International Convention for the Protection of
Performers, Producers of Phonograms and Broadcasting Organizations done in Rome,
October 26, 1961 (hereinafter the “Rome Convention”).
(2) Protection granted under this Treaty shall leave intact and shall in no way affect the
protection of copyright in literary and artistic works. Consequently, no provision of this
Treaty may be interpreted as prejudicing such protection.1
(3) This Treaty shall not have any connection with, nor shall it prejudice any rights and
obligations under, any other treaties.
Article 2
Definitions

For the purposes of this Treaty:

(a) “performers” are actors, singers, musicians, dancers, and other persons who act,
sing, deliver, declaim, play in, interpret, or otherwise perform literary or artistic works or
expressions of folklore;
(b) “phonogram” means the fixation of the sounds of a performance or of other sounds,
or of a representation of sounds, other than in the form of a fixation incorporated in a
cinematographic or other audiovisual work;2
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(c) “fixation” means the embodiment of sounds, or of the representations thereof, from
which they can be perceived, reproduced or communicated through a device;
(d) “producer of a phonogram” means the person, or the legal entity, who or which
takes the initiative and has the responsibility for the first fixation of the sounds of a
performance or other sounds, or the representations of sounds;
(e) “publication” of a fixed performance or a phonogram means the offering of copies
of the fixed performance or the phonogram to the public, with the consent of the rightholder,
and provided that copies are offered to the public in reasonable quantity;3
(f) “broadcasting” means the transmission by wireless means for public reception of
sounds or of images and sounds or of the representations thereof; such transmission by
satellite is also “broadcasting”; transmission of encrypted signals is “broadcasting” where the
means for decrypting are provided to the public by the broadcasting organization or with its
consent;
(g) “communication to the public” of a performance or a phonogram means the
transmission to the public by any medium, otherwise than by broadcasting, of sounds of a
performance or the sounds or the representations of sounds fixed in a phonogram. For the
purposes of Article 15, “communication to the public” includes making the sounds or
representations of sounds fixed in a phonogram audible to the public.
Article 3
Beneficiaries of Protection under this Treaty

(1) Contracting Parties shall accord the protection provided under this Treaty to the
performers and producers of phonograms who are nationals of other Contracting Parties.
(2) The nationals of other Contracting Parties shall be understood to be those
performers or producers of phonograms who would meet the criteria for eligibility for
protection provided under the Rome Convention, were all the Contracting Parties to this
Treaty Contracting States of that Convention. In respect of these criteria of eligibility,
Contracting Parties shall apply the relevant definitions in Article 2 of this Treaty.4
(3) Any Contracting Party availing itself of the possibilities provided in Article 5(3) of
the Rome Convention or, for the purposes of Article 5 of the same Convention, Article 17
thereof shall make a notification as foreseen in those provisions to the Director General of the
World Intellectual Property Organization (WIPO).5
Article 4
National Treatment

(1) Each Contracting Party shall accord to nationals of other Contracting Parties, as
defined in Article 3(2), the treatment it accords to its own nationals with regard to the
exclusive rights specifically granted in this Treaty, and to the right to equitable remuneration
provided for in Article 15 of this Treaty.
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(2) The obligation provided for in paragraph (1) does not apply to the extent that
another Contracting Party makes use of the reservations permitted by Article 15(3) of this
Treaty.
Chapter II
Rights of Performers

Article 5
Moral Rights of Performers

(1) Independently of a performer’s economic rights, and even after the transfer of those
rights, the performer shall, as regards his live aural performances or performances fixed in
phonograms, have the right to claim to be identified as the performer of his performances,
except where omission is dictated by the manner of the use of the performance, and to object
to any distortion, mutilation or other modification of his performances that would be
prejudicial to his reputation.
(2) The rights granted to a performer in accordance with paragraph (1) shall, after his
death, be maintained, at least until the expiry of the economic rights, and shall be exercisable
by the persons or institutions authorized by the legislation of the Contracting Party where
protection is claimed. However, those Contracting Parties whose legislation, at the moment
of their ratification of or accession to this Treaty, does not provide for protection after the
death of the performer of all rights set out in the preceding paragraph may provide that some
of these rights will, after his death, cease to be maintained.
(3) The means of redress for safeguarding the rights granted under this Article shall be
governed by the legislation of the Contracting Party where protection is claimed.
Article 6
Economic Rights of Performers in their Unfixed Performances

Performers shall enjoy the exclusive right of authorizing, as regards their performances:

(i) the broadcasting and communication to the public of their unfixed performances
except where the performance is already a broadcast performance; and
(ii) the fixation of their unfixed performances.
Article 7
Right of Reproduction

Performers shall enjoy the exclusive right of authorizing the direct or indirect
reproduction of their performances fixed in phonograms, in any manner or form.6

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Article 8
Right of Distribution

(1) Performers shall enjoy the exclusive right of authorizing the making available to the
public of the original and copies of their performances fixed in phonograms through sale or
other transfer of ownership.
(2) Nothing in this Treaty shall affect the freedom of Contracting Parties to determine
the conditions, if any, under which the exhaustion of the right in paragraph (1) applies after
the first sale or other transfer of ownership of the original or a copy of the fixed performance
with the authorization of the performer.7
Article 9
Right of Rental

(1) Performers shall enjoy the exclusive right of authorizing the commercial rental to
the public of the original and copies of their performances fixed in phonograms as determined
in the national law of Contracting Parties, even after distribution of them by, or pursuant to,
authorization by the performer.
(2) Notwithstanding the provisions of paragraph (1), a Contracting Party that, on April
15, 1994, had and continues to have in force a system of equitable remuneration of performers
for the rental of copies of their performances fixed in phonograms, may maintain that system
provided that the commercial rental of phonograms is not giving rise to the material
impairment of the exclusive right of reproduction of performers.8
Article 10
Right of Making Available of Fixed Performances

Performers shall enjoy the exclusive right of authorizing the making available to the
public of their 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.

Chapter III
Rights of Producers of Phonograms

Article 11
Right of Reproduction

Producers of phonograms shall enjoy the exclusive right of authorizing the direct or
indirect reproduction of their phonograms, in any manner or form.9

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Article 12
Right of Distribution

(1) Producers of phonograms shall enjoy the exclusive right of authorizing the making
available to the public of the original and copies of their phonograms through sale or other
transfer of ownership.
(2) Nothing in this Treaty shall affect the freedom of Contracting Parties to determine
the conditions, if any, under which the exhaustion of the right in paragraph (1) applies after
the first sale or other transfer of ownership of the original or a copy of the phonogram with
the authorization of the producer of the phonogram.10
Article 13
Right of Rental

(1) Producers of phonograms shall enjoy the exclusive right of authorizing the
commercial rental to the public of the original and copies of their phonograms, even after
distribution of them, by or pursuant to, authorization by the producer.
(2) Notwithstanding the provisions of paragraph (1), a Contracting Party that, on April
15, 1994, had and continues to have in force a system of equitable remuneration of producers
of phonograms for the rental of copies of their phonograms, may maintain that system
provided that the commercial rental of phonograms is not giving rise to the material
impairment of the exclusive rights of reproduction of producers of phonograms.11
Article 14
Right of Making Available of Phonograms

Producers of phonograms shall enjoy 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.

Chapter IV
Common Provisions

Article 15
Right to Remuneration for Broadcasting
and Communication to the Public

(1) Performers and producers of phonograms shall enjoy the right to a single equitable
remuneration for the direct or indirect use of phonograms published for commercial purposes
for broadcasting or for any communication to the public.
(2) Contracting Parties may establish in their national legislation that the single
equitable remuneration shall be claimed from the user by the performer or by the producer of
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a phonogram or by both. Contracting Parties may enact national legislation that, in the
absence of an agreement between the performer and the producer of a phonogram, sets the
terms according to which performers and producers of phonograms shall share the single
equitable remuneration.

(3) Any Contracting Party may, in a notification deposited with the Director General of
WIPO, declare that it will apply the provisions of paragraph (1) only in respect of certain
uses, or that it will limit their application in some other way, or that it will not apply these
provisions at all.
(4) For the purposes of this Article, phonograms made available to the public 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 shall be considered as if they had been published
for commercial purposes.12,13
Article 16
Limitations and Exceptions

(1) Contracting Parties may, in their national legislation, provide for the same kinds of
limitations or exceptions with regard to the protection of performers and producers of
phonograms as they provide for, in their national legislation, in connection with the protection
of copyright in literary and artistic works.
(2) Contracting Parties shall confine any limitations of or exceptions to rights provided
for in this Treaty to certain special cases which do not conflict with a normal exploitation of
the performance or phonogram and do not unreasonably prejudice the legitimate interests of
the performer or of the producer of the phonogram.14,15
Article 17
Term of Protection

(1) The term of protection to be granted to performers under this Treaty shall last, at
least, until the end of a period of 50 years computed from the end of the year in which the
performance was fixed in a phonogram.
(2) The term of protection to be granted to producers of phonograms under this Treaty
shall last, at least, until the end of a period of 50 years computed from the end of the year in
which the phonogram was published, or failing such publication within 50 years from fixation
of the phonogram, 50 years from the end of the year in which the fixation was made.
Article 18
Obligations concerning Technological Measures

Contracting Parties shall provide adequate legal protection and effective legal remedies
against the circumvention of effective technological measures that are used by performers or
producers of phonograms in connection with the exercise of their rights under this Treaty and

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that restrict acts, in respect of their performances or phonograms, which are not authorized by
the performers or the producers of phonograms concerned or permitted by law.

Article 19
Obligations concerning Rights Management Information

(1) Contracting Parties shall provide adequate and effective legal remedies against any
person knowingly performing any of the following acts knowing, or with respect to civil
remedies having reasonable grounds to know, that it will induce, enable, facilitate or conceal
an infringement of any right covered by this Treaty:
(i) to remove or alter any electronic rights management information without authority;
(ii) to distribute, import for distribution, broadcast, communicate or make available to
the public, without authority, performances, copies of fixed performances or phonograms
knowing that electronic rights management information has been removed or altered without
authority.
(2) As used in this Article, “rights management information” means information which
identifies the performer, the performance of the performer, the producer of the phonogram,
the phonogram, the owner of any right in the performance or phonogram, or information
about the terms and conditions of use of the performance or phonogram, and any numbers or
codes that represent such information, when any of these items of information is attached to a
copy of a fixed performance or a phonogram or appears in connection with the
communication or making available of a fixed performance or a phonogram to the public.16
Article 20
Formalities

The enjoyment and exercise of the rights provided for in this Treaty shall not be subject
to any formality.

Article 21
Reservations

Subject to the provisions of Article 15(3), no reservations to this Treaty shall be
permitted.

Article 22
Application in Time

(1) Contracting Parties shall apply the provisions of Article 18 of the Berne
Convention, mutatis mutandis, to the rights of performers and producers of phonograms
provided for in this Treaty.
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(2) Notwithstanding paragraph (1), a Contracting Party may limit the application of
Article 5 of this Treaty to performances which occurred after the entry into force of this
Treaty for that Party.
Article 23
Provisions on Enforcement of Rights

(1) Contracting Parties undertake to adopt, in accordance with their legal systems, the
measures necessary to ensure the application of this Treaty.
(2) Contracting Parties shall ensure that enforcement procedures are available under
their law so as to permit effective action against any act of infringement of rights covered by
this Treaty, including expeditious remedies to prevent infringements and remedies which
constitute a deterrent to further infringements.
Chapter V
Administrative and Final Clauses

Article 24
Assembly

(1)(a) The Contracting Parties shall have an Assembly.

(b) Each Contracting Party shall be represented by one delegate who may be assisted
by alternate delegates, advisors and experts.
(c) The expenses of each delegation shall be borne by the Contracting Party that has
appointed the delegation. The Assembly may ask WIPO to grant financial assistance to
facilitate the participation of delegations of Contracting Parties that are regarded as
developing countries in conformity with the established practice of the General Assembly of
the United Nations or that are countries in transition to a market economy.
(2)(a) The Assembly shall deal with matters concerning the maintenance and
development of this Treaty and the application and operation of this Treaty.

(b) The Assembly shall perform the function allocated to it under Article 26(2) in
respect of the admission of certain intergovernmental organizations to become party to this
Treaty.
(c) The Assembly shall decide the convocation of any diplomatic conference for the
revision of this Treaty and give the necessary instructions to the Director General of WIPO
for the preparation of such diplomatic conference.
(3)(a) Each Contracting Party that is a State shall have one vote and shall vote only in
its own name.

(b) Any Contracting Party that is an intergovernmental organization may participate in
the vote, in place of its Member States, with a number of votes equal to the number of its
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Member States which are party to this Treaty. No such intergovernmental organization shall
participate in the vote if any one of its Member States exercises its right to vote and vice
versa.

(4) The Assembly shall meet in ordinary session once every two years upon
convocation by the Director General of WIPO.
(5) The Assembly shall establish its own rules of procedure, including the convocation
of extraordinary sessions, the requirements of a quorum and, subject to the provisions of this
Treaty, the required majority for various kinds of decisions.
Article 25
International Bureau

The International Bureau of WIPO shall perform the administrative tasks concerning the
Treaty.

Article 26
Eligibility for Becoming Party to the Treaty

(1) Any Member State of WIPO may become party to this Treaty.
(2) The Assembly may decide to admit any intergovernmental organization to become
party to this Treaty which declares that it is competent in respect of, and has its own
legislation binding on all its Member States on, matters covered by this Treaty and that it has
been duly authorized, in accordance with its internal procedures, to become party to this
Treaty.
(3) The European Community, having made the declaration referred to in the preceding
paragraph in the Diplomatic Conference that has adopted this Treaty, may become party to
this Treaty.
Article 27
Rights and Obligations under the Treaty

Subject to any specific provisions to the contrary in this Treaty, each Contracting Party
shall enjoy all of the rights and assume all of the obligations under this Treaty.

Article 28
Signature of the Treaty

This Treaty shall be open for signature until December 31, 1997, by any Member State
of WIPO and by the European Community.

Article 29
Entry into Force of the Treaty

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This Treaty shall enter into force three months after 30 instruments of ratification or
accession by States have been deposited with the Director General of WIPO.

Article 30
Effective Date of Becoming Party to the Treaty

This Treaty shall bind

(i) the 30 States referred to in Article 29, from the date on which this Treaty has
entered into force;
(ii) each other State from the expiration of three months from the date on which the
State has deposited its instrument with the Director General of WIPO;
(iii) the European Community, from the expiration of three months after the deposit of
its instrument of ratification or accession if such instrument has been deposited after the entry
into force of this Treaty according to Article 29, or, three months after the entry into force of
this Treaty if such instrument has been deposited before the entry into force of this Treaty;
(iv) any other intergovernmental organization that is admitted to become party to this
Treaty, from the expiration of three months after the deposit of its instrument of accession.
Article 31
Denunciation of the Treaty

This Treaty may be denounced by any Contracting Party by notification addressed to
the Director General of WIPO. Any denunciation shall take effect one year from the date on
which the Director General of WIPO received the notification.

Article 32
Languages of the Treaty

(1) This Treaty is signed in a single original in English, Arabic, Chinese, French,
Russian and Spanish languages, the versions in all these languages being equally authentic.
(2) An official text in any language other than those referred to in paragraph (1) shall
be established by the Director General of WIPO on the request of an interested party, after
consultation with all the interested parties. For the purposes of this paragraph, “interested
party” means any Member State of WIPO whose official language, or one of whose official
languages, is involved and the European Community, and any other intergovernmental
organization that may become party to this Treaty, if one of its official languages is involved.
Article 33
Depositary

The Director General of WIPO is the depositary of this Treaty.

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WIPO

*
Entry into force: May 20, 2002.
Source: International Bureau of WIPO.
Note: The agreed statements of the Diplomatic Conference that adopted the Treaty (WIPO Diplomatic
Conference on Certain Copyright and Neighboring Rights Questions) concerning certain provisions of the WPPT, are
reproduced in endnotes below.

1 Agreed statement concerning Article 1(2): It is understood that Article 1(2) clarifies the relationship between
rights in phonograms under this Treaty and copyright in works embodied in the phonograms. In cases where authorization is
needed from both the author of a work embodied in the phonogram and a performer or producer owning rights in the
phonogram, the need for the authorization of the author does not cease to exist because the authorization of the performer or
producer is also required, and vice versa.

It is further understood that nothing in Article 1(2) precludes a Contracting Party from providing exclusive rights to a
performer or producer of phonograms beyond those required to be provided under this Treaty.

2 Agreed statement concerning Article 2(b): It is understood that the definition of phonogram provided in Article
2(b) does not suggest that rights in the phonogram are in any way affected through their incorporation into a cinematographic
or other audiovisual work.

3 Agreed statement concerning Articles 2(e), 8, 9, 12, and 13: As used in these Articles, the expressions “copies”
and “original and copies,” being subject to the right of distribution and the right of rental under the said Articles, refer
exclusively to fixed copies that can be put into circulation as tangible objects.

4 Agreed statement concerning Article 3(2): For the application of Article 3(2), it is understood that fixation means
the finalization of the master tape (“bande-mère”).

5 Agreed statement concerning Article 3: It is understood that the reference in Articles 5(a) and 16(a) (iv) of the
Rome Convention to “national of another Contracting State” will, when applied to this Treaty, mean, in regard to an
intergovernmental organization that is a Contracting Party to this Treaty, a national of one of the countries that is a member
of that organization.

6 Agreed statement concerning Articles 7, 11 and 16: The reproduction right, as set out in Articles 7 and 11, and
the exceptions permitted thereunder through Article 16, fully apply in the digital environment, in particular to the use of
performances and phonograms in digital form. It is understood that the storage of a protected performance or phonogram in
digital form in an electronic medium constitutes a reproduction within the meaning of these Articles.

7 Agreed statement concerning Articles 2(e), 8, 9, 12, and 13: As used in these Articles, the expressions “copies”
and “original and copies,” being subject to the right of distribution and the right of rental under the said Articles, refer
exclusively to fixed copies that can be put into circulation as tangible objects.

8 Agreed statement concerning Articles 2(e), 8, 9, 12, and 13: As used in these Articles, the expressions “copies”
and “original and copies,” being subject to the right of distribution and the right of rental under the said Articles, refer
exclusively to fixed copies that can be put into circulation as tangible objects.

9 Agreed statement concerning Articles 7, 11 and 16: The reproduction right, as set out in Articles 7 and 11, and
the exceptions permitted thereunder through Article 16, fully apply in the digital environment, in particular to the use of
performances and phonograms in digital form. It is understood that the storage of a protected performance or phonogram in
digital form in an electronic medium constitutes a reproduction within the meaning of these Articles.

10 Agreed statement concerning Articles 2(e), 8, 9, 12, and 13: As used in these Articles, the expressions “copies”
and “original and copies,” being subject to the right of distribution and the right of rental under the said Articles, refer
exclusively to fixed copies that can be put into circulation as tangible objects.

11 Agreed statement concerning Articles 2(e), 8, 9, 12, and 13: As used in these Articles, the expressions “copies”
and “original and copies,” being subject to the right of distribution and the right of rental under the said Articles, refer
exclusively to fixed copies that can be put into circulation as tangible objects.

12 Agreed statement concerning Article 15: It is understood that Article 15 does not represent a complete resolution
of the level of rights of broadcasting and communication to the public that should be enjoyed by performers and phonogram

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producers in the digital age. Delegations were unable to achieve consensus on differing proposals for aspects of exclusivity
to be provided in certain circumstances or for rights to be provided without the possibility of reservations, and have therefore
left the issue to future resolution.

13 Agreed statement concerning Article 15: It is understood that Article 15 does not prevent the granting of the right
conferred by this Article to performers of folklore and producers of phonograms recording folklore where such phonograms
have not been published for commercial gain.

14 Agreed statement concerning Articles 7, 11 and 16: The reproduction right, as set out in Articles 7 and 11, and
the exceptions permitted thereunder through Article 16, fully apply in the digital environment, in particular to the use of
performances and phonograms in digital form. It is understood that the storage of a protected performance or phonogram in
digital form in an electronic medium constitutes a reproduction within the meaning of these Articles.

15 Agreed statement concerning Article 16: The agreed statement concerning Article 10 (on Limitations and
Exceptions) of the WIPO Copyright Treaty is applicable mutatis mutandis also to Article 16 (on Limitations and Exceptions)
of the WIPO Performances and Phonograms Treaty. [The text of the agreed statement concerning Article 10 of the WCT
reads as follows: “It is understood that the provisions of Article 10 permit Contracting Parties to carry forward and
appropriately extend into the digital environment limitations and exceptions in their national laws which have been
considered acceptable under the Berne Convention. Similarly, these provisions should be understood to permit Contracting
Parties to devise new exceptions and limitations that are appropriate in the digital network environment.

“It is also understood that Article 10(2) neither reduces nor extends the scope of applicability of the limitations and
exceptions permitted by the Berne Convention.”]

16 Agreed statement concerning Article 19: The agreed statement concerning Article 12 (on Obligations concerning
Rights Management Information) of the WIPO Copyright Treaty is applicable mutatis mutandis also to Article 19 (on
Obligations concerning Rights Management Information) of the WIPO Performances and Phonograms Treaty. [The text of
the agreed statement concerning Article 12 of the WCT reads as follows: “It is understood that the reference to ‘infringement
of any right covered by this Treaty or the Berne Convention’ includes both exclusive rights and rights of remuneration.

“It is further understood that Contracting Parties will not rely on this Article to devise or implement rights
management systems that would have the effect of imposing formalities which are not permitted under the Berne Convention
or this Treaty, prohibiting the free morvement of goods or impeding the enjoyment of rights under this Treaty.”]