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

The International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, commonly known as the Rome Convention, is a landmark international treaty established in 1961. Its primary purpose is to provide minimum standards of protection for "related rights" – rights that are distinct from traditional copyright but are crucial for the dissemination and commercialization of creative works.

Specifically, the Convention grants certain economic rights to three key groups:

• Performers: Individuals such as musicians, actors, dancers, and singers, regarding their live performances.
• Producers of Phonograms: Entities or individuals who make sound recordings (e.g., record labels).
• Broadcasting Organizations: Radio and television stations.

These rights typically empower the respective rights holders to authorize or prohibit the reproduction, broadcasting, and communication to the public of their performances, sound recordings, or broadcasts. The Rome Convention helps ensure that these creative contributors and distributors receive fair recognition and control over the use of their work across national borders, fostering a more equitable global environment for the entertainment and media industries.

Examples:

• Example 1 (Protection for Performers):

  A renowned classical violinist performs a live concert in Italy. An audience member, without the violinist's permission, secretly records the entire performance using professional audio equipment and later uploads the high-quality recording to a file-sharing website, making it available for free download. Under the Rome Convention, the violinist, as a performer, has the right to authorize or prohibit the fixation (recording) and broadcasting of their live performance. If both Italy and the country where the recording was uploaded are signatories to the Convention, the violinist could invoke these rights to demand the removal of the unauthorized recording and potentially seek legal recourse for the infringement of their performance rights.

• Example 2 (Protection for Producers of Phonograms):

  A small independent record label in Sweden invests heavily in producing and releasing an album by an emerging electronic music artist. A company operating in a different country, without obtaining any license or permission from the Swedish label, downloads the digital audio files, duplicates them onto thousands of CDs, and sells these unauthorized copies through various online marketplaces at a significantly lower price. The record label, as the producer of the phonogram (the sound recording), holds rights under the Rome Convention to authorize or prohibit the direct or indirect reproduction of their sound recording. If both Sweden and the country where the copies were made are parties to the Convention, the label can take legal action to stop the illegal reproduction and distribution, protecting their financial investment and the artist's work.

• Example 3 (Protection for Broadcasting Organizations):

  A national television broadcaster in Brazil airs an exclusive live sporting event. A new online streaming platform, without any agreement or license, captures the live broadcast feed and re-transmits it simultaneously on its own website to subscribers across several countries. The Brazilian broadcaster, as a broadcasting organization, is protected by the Rome Convention. It possesses the right to authorize or prohibit the re-broadcasting and fixation of its broadcasts. The streaming platform's unauthorized re-transmission would constitute a violation of these rights, allowing the broadcaster to pursue legal remedies to halt the infringement and safeguard its exclusive rights to its programming and the revenue generated from it.