Examination of the WPPT

WIPO Performance and Phonograms Treaty: hyperlinked contribution

The WIPO Performances and Phonograms Treaty (WPPT) was signed by the member states of the World Intellectual Property Organization in order to regulate intellectual property rights of performers and of producers of phonograms. By phonograms we signify means of sound recording and reproduction, such as vinyl records, tapes, compact discs, digital audiotapes, and MP3s which embody recordings.

In the WPPT are addressed solely the rights of performers, such as actors, singers or musicians, whose performances are purely aural and are fixed to phonograms and not audiovisual performances recorded in media such as the motion pictures. As regards producers of phonograms, they are the persons or legal entities that take the initiative and have the responsibility for the fixation of the sounds.

The WPPT grants performers four kinds of economic rights in their performances fixed in phonograms, three kinds of economic rights in respect of their live performances as well as moral rights. On the other hand, producers of phonograms are only granted economic rights in their phonograms.

All the aforementioned rights of the performers and of the producers should be protected according to the WPPT for a minimum duration of 50 years. The principles of national treatment and of automatic protection, as described earlier for the Berne Convention, also apply as a general rule for the WPPT. Thus, for example Italian performers and phonograms producers receive the same protection in France with the French performers and producers. The enjoyment and exercise of the rights provided in the WPPT cannot be subject to any formality.

The Treaty entered into force on May 20, 2002. The Director General of WIPO is the depositary of the Treaty. The WPPT is open only to Members of WIPO and to the European Community. Therefore only those countries can access the WPPT without any modification of the original agreement. The Assembly constituted by the Treaty may decide to admit other intergovernmental organizations to become party to the WPPT.