Legal Definitions - Rome Convention

The Rome Convention, formally known as the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, is an international treaty adopted in Rome in 1961. It establishes minimum standards for the protection of "related rights" or "neighboring rights." These rights are granted to certain categories of individuals and entities who contribute to making creative works accessible to the public, but who are not necessarily the original authors of the works themselves.

Specifically, the Rome Convention protects the rights of three main groups:

• Performers: Such as musicians, actors, dancers, and singers, regarding their live performances.
• Producers of Phonograms: The individuals or companies (e.g., record labels) responsible for the first fixation of sounds (i.e., making the original sound recording).
• Broadcasting Organizations: Television and radio stations, regarding their broadcasts.

The Convention grants these entities certain exclusive rights, such as the right to authorize or prohibit the reproduction, broadcasting, and communication to the public of their performances, sound recordings, or broadcasts. Its primary purpose is to ensure that these rights receive international recognition and protection across different member countries, thereby facilitating the international dissemination of creative content while preventing unauthorized use.

Examples:

• Scenario 1 (Performers): A renowned classical pianist gives a sold-out concert in Vienna. An unauthorized individual in the audience secretly records the entire performance using professional equipment and later attempts to sell copies of this recording online in a country that is a signatory to the Rome Convention.

  Explanation: Under the Rome Convention, the classical pianist, as a performer, has the exclusive right to authorize or prohibit the fixation (recording) and reproduction of their live performance. The unauthorized recording and subsequent attempt to sell it infringe upon the pianist's performer's rights. The pianist could invoke the protections of the Rome Convention in the signatory country to prevent the sale and distribution of the illicit recording.

• Scenario 2 (Producers of Phonograms): A small independent record label in Canada invests significant resources into producing and mastering a new album for a local band. Soon after its release, identical pirated copies of the album's sound recording begin appearing for sale on various digital platforms and in physical markets in a country that is also a party to the Rome Convention.

  Explanation: The Canadian record label is the producer of the phonogram (the sound recording). The Rome Convention grants the producer of a phonogram the exclusive right to authorize or prohibit the direct or indirect reproduction of their sound recordings. The appearance of pirated copies without the label's permission constitutes an infringement of these rights, allowing the label to seek legal remedies in the signatory country under the Convention's provisions.

• Scenario 3 (Broadcasting Organizations): A national television network in the United Kingdom broadcasts a live royal event. An online news aggregator, without obtaining any license or permission, captures the live broadcast signal and retransmits it simultaneously to its global audience, including users in countries that adhere to the Rome Convention.

  Explanation: The national television network is a broadcasting organization. The Rome Convention provides broadcasting organizations with the right to authorize or prohibit the re-broadcasting and communication to the public of their broadcasts. By retransmitting the live royal event without permission, the online news aggregator infringes upon the broadcasting organization's exclusive rights under the Convention, enabling the network to pursue legal action in the signatory countries where the unauthorized retransmission occurred.