Legal Definitions - WPPT

The term WPPT stands for the WIPO Performances and Phonograms Treaty. This is an international agreement administered by the World Intellectual Property Organization (WIPO) that provides copyright-like protections for performers and producers of sound recordings (known as phonograms) in the digital environment.

Specifically, the WPPT grants performers (like musicians, singers, and actors) rights over their live performances and recorded performances, and it grants phonogram producers (like record labels) rights over their sound recordings. These rights include controlling the reproduction, distribution, rental, and making available to the public of their works, especially in the context of the internet and digital technologies. The treaty aims to ensure that these creators and producers can protect their intellectual property and receive fair compensation when their works are used across borders.

• Example 1: Music Streaming Services

  Imagine a popular band releases a new album, and their songs are made available on various international music streaming platforms. Under the WPPT, the band members (as performers) and their record label (as the phonogram producer) have specific rights. If an unauthorized streaming service in a country that is a signatory to the WPPT were to offer these songs without permission or proper licensing, the band and label could invoke their rights under the treaty to stop the infringement and seek compensation. The treaty ensures their control over the digital distribution and availability of their recorded music across participating nations.

• Example 2: Digital Audiobooks

  Consider an actor who records an audiobook version of a best-selling novel. This recording is then sold and distributed digitally worldwide. The actor's vocal performance and the resulting sound recording of the audiobook are protected by the WPPT. If a company in another signatory country were to illegally copy and distribute this digital audiobook without the actor's or the producer's consent, the treaty provides a legal framework for the actor and the audiobook producer to enforce their rights, preventing unauthorized reproduction and ensuring they are compensated for their creative work.

• Example 3: Live Concert Recordings

  A renowned orchestra performs a concert, which is professionally recorded and later released as a digital album and streamed online. The individual musicians' performances during the concert, as well as the final sound recording of that performance, fall under the protection of the WPPT. This means that the orchestra members (performers) and the recording company (phonogram producer) have rights to control how this digital album is reproduced, distributed, and made available to audiences in other countries that have ratified the treaty. It prevents unauthorized entities from broadcasting or distributing the recording without permission, thereby safeguarding their intellectual property in the digital realm.