Legal Definitions - Convention for the Protection of Performers, Producers of Phonograms

The term "Convention for the Protection of Performers, Producers of Phonograms, and Broadcasting Organizations" is the full, formal name for an important international treaty more commonly known as the Rome Convention on Related Rights. Established in 1961, this convention aims to protect the legal rights of three specific groups whose contributions are vital in bringing creative works to the public:

• Performers: Individuals such as musicians, actors, dancers, and singers who perform literary or artistic works.
• Producers of Phonograms: The individuals or companies (often record labels) that make the first fixation of sounds from a performance or other sounds. A "phonogram" is essentially a sound recording.
• Broadcasting Organizations: Entities like radio and television stations that transmit programs to the public.

These protections are referred to as "related rights" because they are distinct from, but complementary to, the traditional copyright held by the original author of a work (e.g., the composer of a song or the writer of a script). The Rome Convention grants these groups control over how their performances, recordings, and broadcasts are used, preventing unauthorized reproduction, distribution, or retransmission.

Examples:

• Example 1 (Performer):

  A renowned stand-up comedian performs a new routine at a comedy club. An audience member secretly records the entire performance on their phone and later uploads it to a popular video-sharing website without the comedian's permission. The comedian's management discovers the unauthorized upload and seeks its removal.

  Illustration: Under the Rome Convention, the comedian, as a performer, has the right to authorize or prohibit the fixation (recording) and broadcasting of their live performance. The unauthorized recording and subsequent upload infringe upon the comedian's "related rights" to control how their performance is disseminated to the public.

• Example 2 (Producer of Phonograms):

  A small independent record label invests heavily in recording, mixing, and mastering a debut album for an emerging band. Shortly after the album's official release, a pirate website begins offering free, high-quality digital downloads of all the tracks, bypassing legitimate sales platforms.

  Illustration: The record label, as the producer of the phonogram (the sound recording), holds "related rights" under the Rome Convention. These rights include the exclusive ability to authorize or prohibit the reproduction and distribution of their sound recordings. The unauthorized free downloads directly violate the record label's rights, undermining their investment and control over their product.

• Example 3 (Broadcasting Organization):

  A major sports network pays a significant sum to acquire the exclusive rights to broadcast a prestigious international football tournament. During a live match, a local bar uses a separate, unauthorized satellite dish to capture the network's broadcast signal and display it on its own screens for patrons, without subscribing to the network's commercial service or obtaining a public performance license.

  Illustration: The sports network, as a broadcasting organization, is protected by the Rome Convention, which grants it the right to authorize or prohibit the retransmission of its broadcasts. The bar's unauthorized reception and public display of the live match constitute an infringement of the network's "related rights," as the network has invested in securing and delivering that exclusive content.