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  1961 Rome Convention on Neighbouring Rights
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5/9/2003






ROME CONVENTION, 1961 INTERNATIONAL CONVENTION FOR THE PROTECTION OF PERFORMERS, PRODUCERS OF PHONOGRAMS AND BROADCASTING ORGANISATIONS Done at Rome on October 26, 1961

The Contracting States, moved by the desire to protect the rights of performers, producers
of phonograms, and broadcasting organisations,
Have agreed as follows:




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
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.




Article 5 - Protected Phonograms
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. 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.




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. 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 connexion 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 connexion 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 13(d); 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(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.




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 16.1(a)(iii) and 16.1(a)(iv), the criterion of fixation instead of the criterion of nationality.




Article 18 - Withdrawal of reservations
Any State which has deposited a notification under Article 5.3, Article 6.2, Article 16.1 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.
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 Article 5.3, Article 6.2, Article 16.1 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.




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 Labour 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 Article 5.3, Article 6.2, Article 16.1 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 organised among the Contracting States, each of which shall have one vote, by the Director-General of the International Labour 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 selecting its members for the future in such a way as to ensure rotation among the various Contracting States.
5. Officials of the International Labour 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 Labour 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 Labour 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 28.4 and 28.5 arise.
2. The Secretary-General of the United Nations shall also notify the Director-General of the International Labour 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 Labour 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.



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