Geneva Phonograms Convention

1971 international copyright treaty

Geneva Phonograms Convention
Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms
Ratifications of the Convention (countries in orange have signed, but not ratified)
Signed	29 October 1971
Location	Geneva
Effective	18 April 1973
Condition	5 ratifications
Signatories	32
Parties	79
Depositary	Secretary–General of the United Nations
Citations	25 U.S.T. 309; T.I.A.S. 7808; 866 U.N.T.S. 67
Languages	English, French, Russian and Spanish
Full text
Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms at Wikisource

The Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms, also known as the Geneva Phonograms Convention, is a 1971 international agreement relating to copyright protection for sound recordings.

Legal context

By the mid-1950s, the Berne Convention for the Protection of Literary and Artistic Works, the Buenos Aires Convention and Universal Copyright Convention granted strong rights to creators of printed or artistic content – and also to composers and performers of music – in most first world countries. The publisher of a book could prosecute a maker of unauthorized copies even if they operated in a different country. But there was no equivalent protection for sound recordings.

The 1961 Rome Convention for the first time granted international recognition for copyright in sound recordings. Now music labels were recognized as having a copyright interest in the recording itself, separately from the composer and performer. This gave them standing to prosecute makers of unauthorized copies of their tapes or records in other countries.

Technological context

In the mid-1960s music labels began producing pre-recorded compact cassettes, a technology developed in the late 1950s which offered relatively compact players and space-efficient storage compared to vinyl records. It was also very much cheaper and simpler to make unauthorized copies compared to vinyl records. By the late 1960s copyright infringement and counterfeiting of these recordings had become common, and the music industry lobbied for a new international treaty which would give them additional powers to combat copyright infringement.

The 1971 convention

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The 1971 convention granted record producers the international right to block imports of counterfeit music recordings, and to take action against distributors and retailers who sold them.

Specific requirement for protection

Unlike the Berne Convention, which does not require formalities to obtain protection, the Geneva Phonograms convention does provide one formality. To secure protection under this convention, copies of the sound recording must carry a copyright notice, one exclusively for sound recordings. The notice consists of the phonogram copyright symbol, "℗" which is the upper case letter "P" in a circle, the year of publication, and the copyright owner's name. In this way, the Geneva Phonograms Convention is similar to the notice requirement of the Universal Copyright Convention.

References

Article 9(1): "(1) This Convention shall be deposited with the Secretary–General of the United Nations. (...)"; Article 9(3): "Instruments of ratification, acceptance or accession shall be deposited with the Secretary–General of the United Nations."
^ Baskerville, David (2006). Music business handbook and career guide. SAGE. pp. 542-546. ISBN 1-4129-0438-2.

External links

Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms (in English) in the WIPO Lex database – official website of WIPO.
- The full text of the Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms
- Ratifications

v t e WIPO-Administered Treaties
Intellectual Property protection treaties	Beijing Treaty on Audiovisual Performances Berne Convention for the Protection of Literary and Artistic Works Brussels Convention Relating to the Distribution of Programme-Carrying Signals Transmitted by Satellite Madrid Agreement for the Repression of False or Deceptive Indications of Source on Goods Marrakesh VIP Treaty Nairobi Treaty on the Protection of the Olympic Symbol Paris Convention for the Protection of Industrial Property Patent Law Treaty Convention for the Protection of Producers of Phonograms Against Unauthorized Duplication of Their Phonograms Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations Washington Treaty on Intellectual Property in Respect of Integrated Circuits Trademark Law Treaty Singapore Treaty on the Law of Trademarks WIPO Copyright Treaty WIPO Performances and Phonograms Treaty
Global protection system treaties	Budapest Treaty on the International Recognition of the Deposit of Microorganisms for the Purposes of Patent Procedure Hague Agreement Concerning the International Deposit of Industrial Designs Lisbon Agreement for the Protection of Appellations of Origin and their International Registration Madrid Agreement Concerning the International Registration of Marks Protocol Relating to the Madrid Agreement Concerning the International Registration of Marks Patent Cooperation Treaty
Treaties against biopiracy and misappropriation	WIPO Treaty on Intellectual Property, Genetic Resources and Associated Traditional Knowledge
Classification treaties	Locarno Agreement Establishing an International Classification for Industrial Designs Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks Strasbourg Agreement Concerning the International Patent Classification Vienna Agreement Establishing an International Classification of the Figurative Elements of Marks

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