Legal Definitions - Phonograms Convention

The Phonograms Convention, officially known as the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (and often referred to as the Geneva Phonograms Convention), is an international treaty established in 1971. Its primary purpose is to protect the rights of producers of sound recordings, which are called phonograms, against their unauthorized copying, importation, and distribution. Essentially, this convention helps combat the international piracy of recorded sounds, such as music, audiobooks, and other audio content, by requiring signatory countries to provide legal protection to producers from other member states.

• Example 1: International Music Piracy
  A record label based in the United States releases a new album by a popular artist. Shortly after its release, the label discovers that thousands of unauthorized copies of the album, in both physical CD and digital formats, are being manufactured and sold in a country that is a signatory to the Phonograms Convention.

  How it illustrates the term: The Phonograms Convention provides the legal framework for the U.S. record label (the producer of the phonogram) to seek protection and take action against the unauthorized duplication and distribution of its sound recording in the foreign country, even though the piracy is occurring outside its home jurisdiction.

• Example 2: Unauthorized Audiobook Distribution
  An independent publisher in Canada produces a series of popular audiobooks. They discover that a website hosted in another signatory country is offering free downloads of their copyrighted audiobooks without permission, significantly impacting their sales.

  How it illustrates the term: Under the Phonograms Convention, the Canadian publisher can leverage the legal protections afforded by the treaty in the foreign country to demand the removal of the unauthorized audiobooks and pursue legal remedies against the website operator, as audiobooks are considered phonograms.

• Example 3: Sound Effects Library Misuse
  A company in the United Kingdom specializes in creating and licensing high-quality sound effect libraries for film and video game production. They find that a video game developer in a country also party to the Phonograms Convention has incorporated a significant portion of their proprietary sound effects into a new game without obtaining a license or paying royalties.

  How it illustrates the term: The Phonograms Convention enables the UK sound effects producer to assert its rights and take legal action against the foreign video game developer for the unauthorized use and distribution of its copyrighted sound recordings, ensuring that producers are protected across international borders.