Legal Definitions - Rome Convention on Related Rights

The Rome Convention on Related Rights, officially known as the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, is an international treaty established in 1961. Its primary purpose is to set minimum standards for the protection of "related rights" (often called "neighboring rights") for three specific groups:

• Performers: Such as musicians, actors, and dancers, for their live performances or recorded renditions.
• Producers of Phonograms: These are the individuals or companies (like record labels) responsible for the initial fixation of sounds, meaning the creation of sound recordings.
• Broadcasting Organizations: Entities like radio and television stations, for their broadcast signals.

These "related rights" are distinct from the traditional copyright held by authors or composers of the original creative work (e.g., the songwriter's copyright for a song). Instead, they protect the contributions of those who bring creative works to the public or invest in their dissemination. The United States is notably not a signatory to the Rome Convention, though many of its principles have been incorporated into other international agreements, such as the TRIPS Agreement.

Here are some examples illustrating the application of the Rome Convention:

• Example 1 (Performers): Imagine a renowned violinist performing a classical concerto during a live concert. While the composer of the concerto holds the copyright to the musical composition itself, the Rome Convention aims to protect the violinist's specific, unique interpretation and performance of that piece. This means the violinist would have rights concerning the unauthorized recording, reproduction, or broadcasting of their particular performance, ensuring they have control over how their artistic contribution is used.

• Example 2 (Producers of Phonograms): A record company invests significant resources—studio time, sound engineers, mixing, and mastering—to produce a high-quality sound recording of a new song by an emerging artist. The artist holds the copyright to the song's lyrics and melody. However, the Rome Convention protects the record company's investment and effort in creating that specific sound recording (the phonogram). This grants the record company rights to authorize or prohibit the copying, distribution, or public performance of that particular recording, separate from the songwriter's rights.

• Example 3 (Broadcasting Organizations): A national television network broadcasts a major live sporting event, such as the Olympics. The athletes have their own rights, and any music played might be copyrighted. The Rome Convention, however, protects the broadcasting organization's efforts in producing the live feed, transmitting the signal, and making it available to viewers. This protection would prevent another entity from re-broadcasting the network's live signal without permission, recognizing the broadcaster's significant investment in capturing and delivering the event.