WIPO Performances and Phonograms Treaty

WIPO Performances and Phonograms Treaty
Name	WIPO Performances and Phonograms Treaty
Acronym	WPPT
Adopted	20 December 1996
Effective	20 May 2002
Location	Geneva
Administered by	World Intellectual Property Organization
Languages	English language, French language, Spanish language

WIPO Performances and Phonograms Treaty

The WIPO Performances and Phonograms Treaty is a multilateral international agreement adopted at a diplomatic conference in Geneva under the auspices of the World Intellectual Property Organization to update international protection for performing artists and producers of phonograms. It complements older instruments such as the Berne Convention for the Protection of Literary and Artistic Works and the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, addressing rights in the digital environment relevant to recording, broadcasting, and online distribution involving stakeholders like Universal Music Group, Sony Music Entertainment, Warner Music Group, Apple Inc., and Spotify Technology S.A..

Background and Objectives

The treaty emerged from negotiations at WIPO influenced by technological change exemplified by the Compact Disc, Digital Audio Tape, MP3, and the rise of Internet Explorer-era web distribution, following debates involving delegations from United States, European Union, Japan, Canada, and Brazil. Objectives included harmonizing protection for performers such as Frank Sinatra, Ella Fitzgerald, The Beatles, and Madonna in the face of digital copying technologies championed by companies like Microsoft and Netscape Communications Corporation, and ensuring remuneration frameworks related to entities like ASCAP, BMI, PRS for Music, and SoundExchange. The treaty sought to reconcile interests of rights holders represented by organizations including the International Federation of the Phonographic Industry and performers’ unions such as International Federation of Actors and International Federation of Musicians.

Key Provisions

The treaty grants economic and moral rights to performers and producers: exclusive rights of reproduction and distribution for phonogram producers like EMI Group and public performance and broadcasting rights for performers such as Aretha Franklin and Bob Dylan. It addresses technological protection measures relevant to DVD, Blu-ray Disc, and streaming platforms run by YouTube (service), and includes obligations concerning technological protection measures analogous to provisions in the Agreement on Trade-Related Aspects of Intellectual Property Rights. Provisions specify rights of rental and making available to the public, enforcement measures involving judicial remedies comparable to those in European Court of Justice jurisprudence and administrative systems in countries like Australia, Germany, India, and United States. The treaty also contemplates protection of rights management information familiar from cases involving RIAA and IFPI.

Implementation and National Measures

Implementation required members to adopt or amend national laws similar to measures in United States Copyright Act, Copyright, Designs and Patents Act 1988, Indian Copyright Act, 1957, and Japanese Copyright Act. Countries implemented rights through specialized agencies such as United States Copyright Office, European Union Intellectual Property Office, Canadian Intellectual Property Office, and courts including the Supreme Court of the United States, Cour de cassation (France), and Bundesgerichtshof for enforcement. Measures encompassed collective management by societies like SACEM, GEMA, JASRAC, and licensing frameworks used by broadcasters including BBC, NPR, and Radio France. Implementation also prompted amendments affecting digital service providers like Amazon (company) and Meta Platforms, Inc..

Membership and Ratification

The treaty was adopted by a diplomatic conference attended by states and regional economic organizations including the European Community; ratification followed in stages by states such as United Kingdom, France, Germany, United States of America, China, Brazil, and South Africa. Accession and ratification procedures are administered by WIPO with instruments deposited in Geneva. The list of contracting parties expanded to include members of trade blocs like the European Union and countries participating in multilateral forums such as United Nations Conference on Trade and Development and World Trade Organization discussions. Ratification often intersected with bilateral trade negotiations involving United States–China relations and intellectual property chapters in agreements like the Trans-Pacific Partnership.

Impact and Criticism

Supporters including major labels (Universal Music Group, Sony Music Entertainment) and some performers argued the treaty strengthened remuneration and enforcement, influencing licensing practices at platforms like Spotify Technology S.A. and Apple Music. Critics, comprising digital rights advocates such as Electronic Frontier Foundation and civil society groups like Access Now, contended that provisions on technological protection measures and rights management information could hinder interoperability for software projects like VLC media player and Linux kernel modules, and raise enforcement burdens for small producers and educational institutions such as Harvard University and Massachusetts Institute of Technology. Debates mirrored controversies in cases before tribunals including the European Court of Human Rights and policy discussions in bodies like United Nations Educational, Scientific and Cultural Organization.

Related International Instruments

The treaty complements and interacts with instruments including the Berne Convention for the Protection of Literary and Artistic Works, Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, Agreement on Trade-Related Aspects of Intellectual Property Rights, WIPO Copyright Treaty, and regional frameworks like the European Union Copyright Directive and the North American Free Trade Agreement (intellectual property provisions later reflected in USMCA). It is relevant to litigation and policy decisions involving organizations such as the World Trade Organization and cases in national courts including Supreme Court of the United States and Court of Justice of the European Union.

Category:Intellectual property treaties