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When we carry out an Overview of International Agreements and Treaties, we come to understand the true meaning of the term Treaty. By Treaty we mean an agreement at the level of International Law. It is entered into by the actors of international law. By actors we mean specifically political bodies compromising the state and other international organizations.
As a part of the Overview, let us take up WIPO Performances and Phonograms Treaty 1996. WIPO Performances and Phonograms Treaty is one of the Major Treaties of the World. It is one of the major treaties of the world. This Treaty deals with Intellectual Property. This Treaty came into being in the year 1996.
WIPO Performances and Phonograms Treaty comprises of two kinds of beneficiaries. The beneficiaries include performers. It recognizes the following as performers. These are actors, singers, musicians and so fourth. The WIPO Performances and Phonograms Treaty also covers producers of phonograms. These imply the people or legal entities who or which take the initiative and also carry out the role of bringing about the fixation of sounds.
They are dealt with in the same instrument. This is as because most of the rights granted by the Treaty to performers are rights connected with their fixed, purely aural performances. This is what comprises the subject matter of phonograms.
As far as performers are concerned, as per the terms of the WPPT, they are granted and are entitled to enjoy four kinds of economic rights. This is as far as their performance concerning phonograms goes. However, this does not apply to audio- visual fixations such as motion pictures.
These economic rights are to do with their rights of reproduction. Moreover, they are the right of distribution and the right of rental. It also gives them the right of making available.
Each of these are an exclusive right. They are subject to certain limitations and exceptions as well. However, there is no clear cut mention of limitations and exceptions.
WIPO Performances and Phonograms Treaty grants three kinds of economic rights to performers. Let us carry out a careful scrutiny of what they grant. They grant them the right to broadcasting as well as the right of communication to the public. This right is granted only when the performance involves broadcasting. They have also been granted the right to do with fixation.
WIPO Performances and Phonograms Treaty 1996, also grants them certain moral rights. These are the right to claim to be identified as the performer and the right to object to any distortion, mutilation and any other form of modifications. This could create prejudice on the part of the performer. Any such move should be avoided.
As far as the producers of the phonograms are concerned, the Treaty grants them four kind of rights. These are all economical in nature. The rights are such, the right to reproduction, distribution, rental and this includes the right of making available as well.
WIPO Performances and Phonograms Treaty provides the performers and producers of phonograms the right to enjoy a single equitable remuneration.
WIPO Performances and Phonograms Treaty 1996, is a noble treaty trying to secure the interest s of the professional related to the world.
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