International Convention for the protection of performers, producers of phonograms and broadcasting organisations:artikel 7

International Convention for the protection of performers, producers of phonograms and broadcasting organisations

Article 7

Geldend

Documentgegevens:

Geldend vanaf 17-05-1964

Bronpublicatie:: 26-10-1961, Trb. 1986, 182 (uitgifte: 12-12-1986, kamerstukken/regelingnummer: -)
Inwerkingtreding: 17-05-1964
Bronpublicatie inwerkingtreding:: 26-10-1961, Trb. 1986, 182 (uitgifte: 12-12-1986, kamerstukken/regelingnummer: -)
Vakgebied(en): Intellectuele-eigendomsrecht / Auteursrecht
Intellectuele-eigendomsrecht / Bijzondere onderwerpen

1.

The protection provided for performers by this Convention shall include the possibility of preventing:

(a)

the broadcasting and the communication to the public, without their consent, of their performance, except where the performance used in the broadcasting or the public communication is itself already a broadcast performance or is made from a fixation;

(b)

the fixation, without their consent, of their unfixed performance;

(c)

the reproduction, without their consent, of a fixation of their performance:

(i): if the original fixation itself was made without their consent;
(ii): if the reproduction is made for purposes different from those for which the performers gave their consent;
(iii): if the original fixation was made in accordance with the provisions of Article 15, and the reproduction is made for purposes different from those referred to in those provisions.

2

(1)

If broadcasting was consented to by the performers, it shall be a matter for the domestic law of the Contracting State where protection is claimed to regulate the protection against rebroadcasting, fixation for broadcasting purposes, and the reproduction of such fixation for broadcasting purposes.

(2)

The terms and conditions governing the use by broadcasting organisations of fixations made for broadcasting purposes shall be determined in accordance with the domestic law of the Contracting State where protection is claimed.

(3)

However, the domestic law referred to in sub-paragraphs (1) and (2) of this paragraph shall not operate to deprive performers of the ability to control, by contract, their relations with broadcasting organisations.