Slide 1

The Protection of Performersin Audiovisual MediaJørgen Savy BlomqvistDirector, Copyright Law Division

The Rome Convention

•Art. 7(1): Rights of fixation, reproduction andlive broadcasting

•Art. 19: “Notwithstanding anything in thisConvention, once a performer has consentedto the incorporation of his performance in avisual or audio–visual fixation, Article 7 shallhave no further application”

The Rome Convention (cont’d)

•Art. 12: “If a phonogram published forcommercial purposes, or a reproductionof such phonogram, is used […]”

The TRIPS Agreement

•Art. 14.1: “In respect of a fixation of theirperformance on a phonogram, performers shall havethe possibility of preventing the following acts whenundertaken without their authorization: the fixationof their unfixed performance and the reproduction ofsuch fixation. Performers shall also have thepossibility of preventing the following acts whenundertaken without their authorization: thebroadcasting by wireless means and thecommunication to the public of their liveperformance.”

The WPPT

•Art. 2: “For the purposes of this Treaty:[…]

•(c) ’fixation’ means the embodiment ofsounds, or of the representations thereof,from which they can be perceived,reproduced or communicated through adevice;

[…]”

The WPPT (cont’d)

•Art. 5(1): “[…] the performer shall, as regards hislive aural performances or performances fixed inphonograms, have the right […]”

•Art. 6: “Performers shall enjoy the exclusive right ofauthorizing, as regards their performances:

•(i) the broadcasting and communication to the publicof their unfixed performances except where theperformance is already a broadcast performance; and

•(ii) the fixation of their unfixed performances.”