Legal Definitions - WIPO Performances and Phonograms Treaty

The WIPO Performances and Phonograms Treaty, commonly known by its acronym WPPT, is an international agreement established in 1996 under the World Intellectual Property Organization (WIPO). This treaty was created to update and expand the intellectual property rights of performers and producers of sound recordings (which are called phonograms) in the digital age. It ensures that these creators receive fair protection and compensation for their work, especially as technology makes it easier to copy and distribute performances and recordings globally.

Specifically, the WPPT grants performers two key rights concerning their live or recorded performances:

• Right of Attribution: This is the performer's right to be identified as the creator of their performance.
• Right of Integrity: This is the performer's right to object to any distortion, mutilation, or other modification of their performance that would be harmful to their reputation.

For producers of phonograms (the individuals or companies who make the sound recordings), the treaty provides several economic rights:

• Right of Reproduction: The exclusive right to make copies of their sound recordings.
• Right of Distribution: The exclusive right to make copies of their sound recordings available to the public through sale or other transfer of ownership.
• Right of Rental: The exclusive right to authorize the commercial rental of copies of their sound recordings.
• Right of Availability (or "Making Available"): The exclusive right to make their sound recordings available to the public by wire or wireless means in such a way that members of the public may access them from a place and at a time individually chosen by them (e.g., on-demand streaming services).

Examples:

• Example 1: A Stand-Up Comedian's Routine

  Imagine a stand-up comedian performs a unique routine at a club, which is recorded by a fan. Later, this fan uploads a heavily edited version of the performance to social media, cutting out key punchlines and adding sound effects that make the comedian's delivery seem clumsy, while also crediting a different comedian. Under the WPPT, the comedian would have grounds to object. Their right of attribution would be violated because they were not credited, and their right of integrity would be infringed due to the distortion of their performance that could damage their professional reputation.

• Example 2: A Music Producer's Album

  A music producer spends months recording and mixing an album for an emerging artist. Before the official release, a hacker gains access to the master files and uploads the entire album to various online forums, allowing thousands of people to download the music for free. This action directly infringes upon the producer's rights under the WPPT. The producer's right of reproduction (making copies), right of distribution (making copies available to the public), and right of availability (making the recording accessible online on-demand) have all been violated without authorization, impacting their ability to profit from their work.

• Example 3: A Voice Actor's Performance in an Audiobook

  A professional voice actor records the narration for a popular audiobook. A company later creates an app that allows users to "remix" audiobooks, and without the voice actor's permission, they offer a feature that digitally alters the actor's voice in the audiobook to sound like a cartoon character, then make this altered version available for download. The WPPT would protect the voice actor's rights. Their right of integrity would be violated by the significant and potentially reputation-damaging alteration of their performance, and their right of availability would be infringed by the unauthorized distribution of this modified version.