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Article 1: Safeguard of Copyright Proper
Article 2: Protection given by the Convention. Definition of National Treatment
Article 3: Definitions: (a) Performers; (b) Phonogram; (c) Producers of
Phonograms; (d) Publication; (e) Reproduction; (f) Broadcasting;
(g) Rebroadcasting
Article 4: Performances Protected. Points of Attachment for Performers
Article 5: Protected Phonograms: 1. Points of Attachment for Producers of
Phonograms; 2. Simultaneous Publication; 3. Power to exclude
certain Criteria
Article 6: Protected Broadcasts: 1. Points of Attachment for Broadcasting
Organizations; 2. Power to Reserve
Article 7: Minimum Protection for Performers: 1. Particular Rights; 2. Relations
between Performers and Broadcasting Organizations
Article 8: Performers acting jointly
Article 9: Variety and Circus Artists
Article 10: Right of Reproduction for Phonogram Producers
Article 11: Formalities for Phonograms
Article 12: Secondary Uses of Phonograms
Article 13: Minimum Rights for Broadcasting Organizations
Article 14: Minimum Duration of Protection
Article 15: Permitted Exceptions: 1. Specific Limitations; 2. Equivalents with
copyright
Article 16: Reservations
Article 17: Certain countries applying only the “fixation” criterion
Article 18: Withdrawal of reservations
Article 19: Performers’ Rights in Films
Article 20: Non–retroactivity
Article 21: Protection by other means
Article 22: Special agreements
Article 23: Signature and deposit
Article 24: Becoming Party to the Convention
Article 25: Entry into force
Article 26: Implementation of the Convention by the Provision of Domestic Law
Article 27: Applicability of the Convention to Certain Territories
Article 28: Denunciation of the Convention
Article 29: Revision of the Convention
Article 30: Settlement of disputes
Article 31: Limits on Reservations
Article 32: Intergovernmental Committee
Article 33: Languages
Article 34: Notifications

The Contracting States, moved by the desire to protect the rights of performers, producers of
phonograms, and broadcasting organisations,

Have agreed as follows:

* This Table of Contents is added for the convenience of the reader. It does not appear in the original text of the Convention.
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Article 1

[Safeguard of Copyright Proper*]

Protection granted under this Convention shall leave intact and shall in no way affect the protection of
copyright in literary and artistic works. Consequently, no provision of this Convention may be interpreted as
prejudicing such protection.

Article 2

[Protection given by the Convention. Definition of National Treatment]

1. For the purposes of this Convention, national treatment shall mean the treatment accorded by the
domestic law of the Contracting State in which protection is claimed:
(a) to performers who are its nationals, as regards performances taking place, broadcast, or first fixed,
on its territory;
(b) to producers of phonograms who are its nationals, as regards phonograms first fixed or first
published on its territory;
(c) to broadcasting organisations which have their headquarters on its territory, as regards broadcasts
transmitted from transmitters situated on its territory.
2. National treatment shall be subject to the protection specifically guaranteed, and the limitations
specifically provided for, in this Convention.
Article 3

[Definitions: (a) Performers; (b) Phonogram; (c) Producers of Phonograms; (d) Publication; (e)
Reproduction; (f) Broadcasting; (g) Rebroadcasting]

For the purposes of this Convention:

(a) “performers” means actors, singers, musicians, dancers, and other persons who act, sing, deliver,
declaim, play in, or otherwise perform literary or artistic works;
(b) “phonogram” means any exclusively aural fixation of sounds of a performance or of other sounds;
(c) “producer of phonograms” means the person who, or the legal entity which, first fixes the sounds
of a performance or other sounds;
(d) “publication” means the offering of copies of a phonogram to the public in reasonable quantity;
(e) “reproduction” means the making of a copy or copies of a fixation;
(f) “broadcasting” means the transmission by wireless means for public reception of sounds or of
images and sounds;
(g) “rebroadcasting” means the simultaneous broadcasting by one broadcasting organisation of the
broadcast of another broadcasting organisation.
Article 4

[Performances Protected. Points of Attachment for Performers]

Each Contracting State shall grant national treatment to performers if any of the following conditions
is met:

(a) the performance takes place in another Contracting State;
(b) the performance is incorporated in a phonogram which is protected under Article 5 of this
Convention;
(c) the performance, not being fixed on a phonogram, is carried by a broadcast which is protected by
Article 6 of this Convention.
* Articles have been given titles to facilitate their identification. There are no titles in the signed text.
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Article 5

[Protected Phonograms: 1. Points of Attachment for Producers of Phonograms; 2. Simultaneous Publication;

3. Power to exclude certain Criteria]
1. Each Contracting State shall grant national treatment to producers of phonograms if any of the
following conditions is met:
(a) the producer of the phonogram is a national of another Contracting State (criterion of nationality);
(b) the first fixation of the sound was made in another Contracting State (criterion of fixation);
(c) the phonogram was first published in another Contracting State (criterion of publication).
2. If a phonogram was first published in a non–contracting State but if it was also published, within
thirty days of its first publication, in a Contracting State (simultaneous publication), it shall be considered as
first published in the Contracting State.
3. By means of a notification deposited with the Secretary–General of the United Nations, any
Contracting State may declare that it will not apply the criterion of publication or, alternatively, the criterion
of fixation. Such notification may be deposited at the time of ratification, acceptance or accession, or at any
time thereafter; in the last case, it shall become effective six months after it has been deposited.
Article 6

[Protected Broadcasts: 1. Points of Attachment for Broadcasting Organizations; 2. Power to Reserve]

1. Each Contracting State shall grant national treatment to broadcasting organisations if either of the
following conditions is met:
(a) the headquarters of the broadcasting organisation is situated in another Contracting State;
(b) the broadcast was transmitted from a transmitter situated in another Contracting State.
2. By means of a notification deposited with the Secretary–General of the United Nations, any
Contracting State may declare that it will protect broadcasts only if the headquarters of the broadcasting
organisation is situated in another Contracting State and the broadcast was transmitted from a transmitter
situated in the same Contracting State. Such notification may be deposited at the time of ratification,
acceptance or accession, or at any time thereafter; in the last case, it shall become effective six months after
it has been deposited.
Article 7

[Minimum Protection for Performers: 1. Particular Rights; 2. Relations between Performers and
Broadcasting Organizations]

1. The protection provided for performers by this Convention shall include the possibility of preventing:
(a) the broadcasting and the communication to the public, without their consent, of their performance,
except where the performance used in the broadcasting or the public communication is itself already a
broadcast performance or is made from a fixation;
(b) the fixation, without their consent, of their unfixed performance;
(c) the reproduction, without their consent, of a fixation of their performance:
(i) if the original fixation itself was made without their consent;
(ii) if the reproduction is made for purposes different from those for which the performers gave
their consent;
(iii) if the original fixation was made in accordance with the provisions of Article 15, and the
reproduction is made for purposes different from those referred to in those provisions.
2.
(1) If broadcasting was consented to by the performers, it shall be a matter for the domestic law of the
Contracting State where protection is claimed to regulate the protection against rebroadcasting, fixation for
broadcasting purposes and the reproduction of such fixation for broadcasting purposes.
(2) The terms and conditions governing the use by broadcasting organisations of fixations made for
broadcasting purposes shall be determined in accordance with the domestic law of the Contracting State
where protection is claimed.
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(3) However, the domestic law referred to in sub–paragraphs (1) and (2) of this paragraph shall not
operate to deprive performers of the ability to control, by contract, their relations with broadcasting
organisations.
Article 8

[Performers acting jointly]

Any Contracting State may, by its domestic laws and regulations, specify the manner in which
performers will be represented in connection with the exercise of their rights if several of them participate in
the same performance.

Article 9

[Variety and Circus Artists]

Any Contracting State may, by its domestic laws and regulations, extend the protection provided for
in this Convention to artists who do not perform literary or artistic works.

Article 10

[Right of Reproduction for Phonogram Producers]

Producers of phonograms shall enjoy the right to authorize or prohibit the direct or indirect
reproduction of their phonograms.

Article 11

[Formalities for Phonograms]

If, as a condition of protecting the rights of producers of phonograms, or of performers, or both, in
relation to phonograms, a Contracting State, under its domestic law, requires compliance with formalities,
these shall be considered as fulfilled if all the copies in commerce of the published phonogram or their
containers bear a notice consisting of the symbol (P), accompanied by the year date of the first publication,
placed in such a manner as to give reasonable notice of claim of protection; and if the copies or their
containers do not identify the producer or the licensee of the producer (by carrying his name, trade mark or
other appropriate designation), the notice shall also include the name of the owner of the rights of the
producer; and, furthermore, if the copies or their containers do not identify the principal performers, the
notice shall also include the name of the person who, in the country in which the fixation was effected, owns
the rights of such performers.

Article 12

[Secondary Uses of Phonograms]

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. Domestic law may, in
the absence of agreement between these parties, lay down the conditions as to the sharing of this
remuneration.

Article 13

[Minimum Rights for Broadcasting Organizations]

Broadcasting organisations shall enjoy the right to authorize or prohibit:

(a) the rebroadcasting of their broadcasts;
(b) the fixation of their broadcasts;
(c) the reproduction:
(i) of fixations, made without their consent, of their broadcasts;
(ii) of fixations, made in accordance with the provisions of Article 15, of their broadcasts, if the
reproduction is made for purposes different from those referred to in those provisions;
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(d) the communication to the public of their television broadcasts if such communication is made in
places accessible to the public against payment of an entrance fee; it shall be a matter for the domestic law
of the State where protection of this right is claimed to determine the conditions under which it may be
exercised.
Article 14

[Minimum Duration of Protection]

The term of protection to be granted under this Convention shall last at least until the end of a period
of twenty years computed from the end of the year in which:

(a) the fixation was made–for phonograms and for performances incorporated therein;
(b) the performance took place–for performances not incorporated in phonograms;
(c) the broadcast took place–for broadcasts.
Article 15

[Permitted Exceptions: 1. Specific Limitations; 2. Equivalents with copyright]

1. Any Contracting State may, in its domestic laws and regulations, provide for exceptions to the
protection guaranteed by this Convention as regards:
(a) private use;
(b) use of short excerpts in connection with the reporting of current events;
(c) ephemeral fixation by a broadcasting organisation by means of its own facilities and for its own
broadcasts;
(d) use solely for the purposes of teaching or scientific research.
2. Irrespective of paragraph 1 of this Article, any Contracting State may, in its domestic laws and
regulations, provide for the same kinds of limitations with regard to the protection of performers, producers
of phonograms and broadcasting organisations, as it provides for, in its domestic laws and regulations, in
connection with the protection of copyright in literary and artistic works. However, compulsory licences
may be provided for only to the extent to which they are compatible with this Convention.
Article 16

[Reservations]

1. Any State, upon becoming party to this Convention, shall be bound by all the obligations and shall
enjoy all the benefits thereof. However, a State may at any time, in a notification deposited with the
Secretary–General of the United Nations, declare that:
(a) as regards Article 12:
(i) it will not apply the provisions of that Article;
(ii) it will not apply the provisions of that Article in respect of certain uses;
(iii) as regards phonograms the producer of which is not a national of another Contracting State, it
will not apply that Article;
(iv) as regards phonograms the producer of which is a national of another Contracting State, it will
limit the protection provided for by that Article to the extent to which, and to the term for
which, the latter State grants protection to phonograms first fixed by a national of the State
making the declaration; however, the fact that the Contracting State of which the producer is a
national does not grant the protection to the same beneficiary or beneficiaries as the State
making the declaration shall not be considered as a difference in the extent of the protection;
(b) as regards Article 13, it will not apply item (d) of that Article; if a Contracting State makes such a
declaration, the other Contracting States shall not be obliged to grant the right referred to in
Article 13, item (d), to broadcasting organisations whose headquarters are in that State.
2. If the notification referred to in paragraph 1 of this Article is made after the date of the deposit of the
instrument of ratification, acceptance or accession, the declaration will become effective six months after it
has been deposited.
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Article 17

[Certain countries applying only the “fixation” criterion]

Any State which, on October 26, 1961, grants protection to producers of phonograms solely on the
basis of the criterion of fixation may, by a notification deposited with the Secretary–General of the United
Nations at the time of ratification, acceptance or accession, declare that it will apply, for the purposes of
Article 5, the criterion of fixation alone and, for the purposes of paragraph 1(a)(iii) and (iv) of Article 16,
the criterion of fixation instead of the criterion of nationality.

Article 18

[Withdrawal of reservations]

Any State which has deposited a notification under paragraph 3 of Article 5, paragraph 2 of Article 6,
paragraph 1 of Article 16 or Article 17, may, by a further notification deposited with the Secretary–General
of the United Nations, reduce its scope or withdraw it.

Article 19

[Performers’ Rights in Films]

Notwithstanding anything in this Convention, once a performer has consented to the incorporation of
his performance in a visual or audio–visual fixation, Article 7 shall have no further application.

Article 20

[Non–retroactivity]

1. This Convention shall not prejudice rights acquired in any Contracting State before the date of
coming into force of this Convention for that State.
2. No Contracting State shall be bound to apply the provisions of this Convention to performances or
broadcasts which took place, or to phonograms which were fixed, before the date of coming into force of
this Convention for that State.
Article 21

[Protection by other means]

The protection provided for in this Convention shall not prejudice any protection otherwise secured to
performers, producers of phonograms and broadcasting organisations.

Article 22

[Special agreements]

Contracting States reserve the right to enter into special agreements among themselves in so far as
such agreements grant to performers, producers of phonograms or broadcasting organisations more
extensive rights than those granted by this Convention or contain other provisions not contrary to this
Convention.

Article 23

[Signature and deposit]

This Convention shall be deposited with the Secretary–General of the United Nations. It shall be open
until June 30, 1962, for signature by any State invited to the Diplomatic Conference on the International
Protection of Performers, Producers of Phonograms and Broadcasting Organisations which is a party to the
Universal Copyright Convention or a member of the International Union for the Protection of Literary and
Artistic Works.

Article 24

[Becoming Party to the Convention]

1. This Convention shall be subject to ratification or acceptance by the signatory States.
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2. This Convention shall be open for accession by any State invited to the Conference referred to in
Article 23, and by any State Member of the United Nations, provided that in either case such State is a party
to the Universal Copyright Convention or a member of the International Union for the Protection of Literary
and Artistic Works.
3. Ratification, acceptance or accession shall be effected by the deposit of an instrument to that effect
with the Secretary–General of the United Nations.

Article 25

[Entry into force]

1. This Convention shall come into force three months after the date of deposit of the sixth instrument of
ratification, acceptance or accession.
2. Subsequently, this Convention shall come into force in respect of each State three months after the
date of deposit of its instrument of ratification, acceptance or accession.
Article 26

[Implementation of the Convention by the Provision of Domestic Law]

1. Each Contracting State undertakes to adopt, in accordance with its Constitution, the measures
necessary to ensure the application of this Convention.
2. At the time of deposit of its instrument of ratification, acceptance or accession, each State must be in
a position under its domestic law to give effect to the terms of this Convention.
Article 27

[Applicability of the Convention to Certain Territories]

1. Any State may, at the time of ratification, acceptance or accession, or at any time thereafter, declare
by notification addressed to the Secretary–General of the United Nations that this Convention shall extend
to all or any of the territories for whose international relations it is responsible, provided that the Universal
Copyright Convention or the International Convention for the Protection of Literary and Artistic Works
applies to the territory or territories concerned. This notification shall take effect three months after the date
of its receipt.
2. The notifications referred to in paragraph 3 of Article 5, paragraph 2 of Article 6,
paragraph 1 of Article 16 and Articles 17 and 18, may be extended to cover all or any of the territories
referred to in paragraph 1 of this Article.
Article 28

[Denunciation of the Convention]

1. Any Contracting State may denounce this Convention, on its own behalf or on behalf of all or any of
the territories referred to in Article 27.
2. The denunciation shall be effected by a notification addressed to the Secretary–General of the United
Nations and shall take effect twelve months after the date of receipt of the notification.
3. The right of denunciation shall not be exercised by a Contracting State before the expiry of a period
of five years from the date on which the Convention came into force with respect to that State.
4. A Contracting State shall cease to be a party to this Convention from that time when it is neither a
party to the Universal Copyright Convention nor a member of the International Union for the Protection of
Literary and Artistic Works.
5. This Convention shall cease to apply to any territory referred to in Article 27 from that time when
neither the Universal Copyright Convention nor the International Convention for the Protection of Literary
and Artistic Works applies to that territory.
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Article 29

[Revision of the Convention]

1. After this Convention has been in force for five years, any Contracting State may, by notification
addressed to the Secretary–General of the United Nations, request that a conference be convened for the
purpose of revising the Convention. The Secretary–General shall notify all Contracting States of this
request. If, within a period of six months following the date of notification by the Secretary–General of the
United Nations, not less than one half of the Contracting States notify him of their concurrence with the
request, the Secretary–General shall inform the Director–General of the International Labor Office, the
Director–General of the United Nations Educational, Scientific and Cultural Organization and the Director
of the Bureau of the International Union for the Protection of Literary and Artistic Works, who shall
convene a revision conference in co–operation with the Intergovernmental Committee provided for in
Article 32.

2. The adoption of any revision of this Convention shall require an affirmative vote by two–thirds of the
States attending the revision conference, provided that this majority includes two–thirds of the States which,
at the time of the revision conference, are parties to the Convention.
3. In the event of adoption of a Convention revising this Convention in whole or in part, and unless the
revising Convention provides otherwise:
(a) this Convention shall cease to be open to ratification, acceptance or accession as from the date of
entry into force of the revising Convention;
(b) this Convention shall remain in force as regards relations between or with Contracting States
which have not become parties to the revising Convention.
Article 30

[Settlement of disputes]

Any dispute which may arise between two or more Contracting States concerning the interpretation or
application of this Convention and which is not settled by negotiation shall, at the request of any one of the
parties to the dispute, be referred to the International Court of Justice for decision, unless they agree to
another mode of settlement.

Article 31

[Limits on Reservations]

Without prejudice to the provisions of paragraph 3 of Article 5, paragraph 2 of Article 6,
paragraph 1 of Article 16 and Article 17, no reservation may be made to this Convention.

Article 32

[Intergovernmental Committee]

1. An Intergovernmental Committee is hereby established with the following duties:
(a) to study questions concerning the application and operation of this Convention; and
(b) to collect proposals and to prepare documentation for possible revision of this Convention.
2. The Committee shall consist of representatives of the Contracting States, chosen with due regard to
equitable geographical distribution. The number of members shall be six if there are twelve Contracting
States or less, nine if there are thirteen to eighteen Contracting States and twelve if there are more than
eighteen Contracting States.
3. The Committee shall be constituted twelve months after the Convention comes into force by an
election organized among the Contracting States, each of which shall have one vote, by the Director–
General of the International Labor Office, the Director–General of the United Nations Educational,
Scientific and Cultural Organization and the Director of the Bureau of the International Union for the
Protection of Literary and Artistic Works, in accordance with rules previously approved by a majority of all
Contracting States.
4. The Committee shall elect its Chairman and officers. It shall establish its own rules of procedure.
These rules shall in particular provide for the future operation of the Committee and for a method of
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selecting its members for the future in such a way as to ensure rotation among the various Contracting
States.

5. Officials of the International Labor Office, the United Nations Educational, Scientific and Cultural
Organization and the Bureau of the International Union for the Protection of Literary and Artistic Works,
designated by the Directors–General and the Director thereof, shall constitute the Secretariat of the
Committee.

6. Meetings of the Committee, which shall be convened whenever a majority of its members deems it
necessary, shall be held successively at the headquarters of the International Labor Office, the United
Nations Educational, Scientific and Cultural Organization and the Bureau of the International Union for the
Protection of Literary and Artistic Works.
7. Expenses of members of the Committee shall be borne by their respective Governments.
Article 33

[Languages]

1. The present Convention is drawn up in English, French and Spanish, the three texts being equally
authentic.
2. In addition, official texts of the present Convention shall be drawn up in German, Italian and
Portuguese.
Article 34

[Notifications]

1. The Secretary–General of the United Nations shall notify the States invited to the Conference referred
to in Article 23 and every State Member of the United Nations, as well as the Director–General of the
International Labor Office, the Director–General of the United Nations Educational, Scientific and Cultural
Organization and the Director of the Bureau of the International Union for the Protection of Literary and
Artistic Works:
(a) of the deposit of each instrument of ratification, acceptance or accession;
(b) of the date of entry into force of the Convention;
(c) of all notifications, declarations or communications provided for in this Convention;
(d) if any of the situations referred to in paragraphs 4 and 5 of Article 28 arise.
2. The Secretary–General of the United Nations shall also notify the Director–General of the
International Labor Office, the Director–General of the United Nations Educational, Scientific and Cultural
Organization and the Director of the Bureau of the International Union for the Protection of Literary and
Artistic Works of the requests communicated to him in accordance with Article 29, as well as of any
communication received from the Contracting States concerning the revision of the Convention.
IN FAITH WHEREOF, the undersigned, being duly authorised thereto, have signed this Convention.

DONE at Rome, this twenty–sixth day of October 1961, in a single copy in the English, French and
Spanish languages. Certified true copies shall be delivered by the Secretary–General of the United Nations
to all the States invited to the Conference referred to in Article 23 and to every State Member of the United
Nations, as well as to the Director–General of the International Labor Office, the Director–General of the
United Nations Educational, Scientific and Cultural Organization and the Director of the Bureau of the
International Union for the Protection of Literary and Artistic Works.

 

Rome Convention