Brief interaction with Rahul Cherian, Inclusive Planet, Mumbai (www.inclusiveplanet.com), At the Villgro Unconvention, December 12, 2009, 11 am to 5.30 pm (Hotel Greenpark), bit.ly
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www.wipo.int concerning Article 16: The agreed statement concerning Article 10 (on Limitations and Exceptions) of the WIPO Copyright Treaty is applicable mutatis mutandis also to Article 16 (on Limitations and Exceptions) of the WIPO Performances and Phonograms Treaty. 16 Agreed statement concerning Article 19: The agreed statement concerning Article 12 (on Obligations concerning Rights Management Information) of the WIPO Copyright Treaty is applicable mutatis mutandis also to Article 19 (on Obligations concerning Rights Management Information) of the WIPO Performances and Phonograms Treaty. [The text of the agreed statement concerning Article 12 of the WCT reads as follows: “It is understood that the reference to infringement
Tags: Performances, Phonograms, Treaty, WIPO Posted in
www.wipo.int the rights granted under this Article shall be governed by the legislation of the Contracting Party where protection is claimed. Article 6 Economic Rights of Performers in their Unfixed Performances Performers shall enjoy the exclusive right of authorizing, as regards their performances: ii(i) the broadcasting and communication to the public of their unfixed performances except where the performance is already a broadcast performance; and i(ii) the fixation of their unfixed performances. Article 7 Right of Reproduction Performers shall enjoy the exclusive right of authorizing the direct or indirect reproduction of their performances fixed in phonograms,
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www.wipo.int 29 30 31 32 33 ** Preamble The Contracting Parties, Desiring to develop and maintain the protection of the rights of performers and producers of phonograms in a manner as effective and uniform as possible, Recognizing the need to introduce new international rules in order to provide adequate solutions to the questions raised by economic, social, cultural and technological developments, Recognizing the profound impact of the development and convergence of information and communication technologies on the production and use of performances and phonograms, Recognizing the need to maintain a balance between the rights of performers and producers of phonograms
Tags: Performances, Phonograms, Treaty, WIPO Posted in
www.wipo.int of sounds or of images and sounds or of the representations thereof; such transmission by satellite is also “broadcasting”; transmission of encrypted signals is “broadcasting” where the means for decrypting are provided to the public by the broadcasting organization or with its consent; (g) “communication to the public” of a performance or a phonogram means the transmission to the public by any medium, otherwise than by broadcasting, of sounds of a performance or the sounds or the representations of sounds fixed in a phonogram. For the purposes of Article 15, “communication to the public” includes making the sounds or representations
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www.wipo.int Treaty may be interpreted as prejudicing such protection.1 (3) This Treaty shall not have any connection with, nor shall it prejudice any rights and obligations under, any other treaties. Article 2 Definitions For the purposes of this Treaty: (a) “performers” are actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, interpret, or otherwise perform literary or artistic works or expressions of folklore; (b) “phonogram” means the fixation of the sounds of a performance or of other sounds, or of a representation of sounds, other than in the form of a fixation incorporated in a cinematographic or other audiovisual work;2 (c) “fixation” means the embodiment of sounds,
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www.wipo.int Article 15 does not prevent the granting of the right conferred by this Article to performers of folklore and producers of phonograms recording folklore where such phonograms have not been published for commercial gain. Agreed statement concerning Articles 7, 11 and 16: The reproduction right, as set out in Articles 7 and 11, and the exceptions permitted thereunder through Article 16, fully apply in the digital environment, in particular to the use of performances and phonograms in digital form. It is understood that the storage of a protected performance or phonogram in digital form in an electronic medium constitutes a reproduction within the meaning of these Articles. Agreed statement
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www.wipo.int have been deposited with the Director General of WIPO. Article 30 Effective Date of Becoming Party to the Treaty This Treaty shall bind ii(i) the 30 States referred to in Article 29, from the date on which this Treaty has entered into force; i(ii) each other State from the expiration of three months from the date on which the State has deposited its instrument with the Director General of WIPO; (iii) the European Community, from the expiration of three months after the deposit of its instrument of ratification or accession if such instrument has been deposited after the entry into force of this Treaty according to Article 29, or, three months after the entry into force of this Treaty if such instrument has been deposited before the entry into
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www.wipo.int International Bureau……………………………………………… Eligibility for Becoming Party to the Treaty …………….. Rights and Obligations under the Treaty………………….. Signature of the Treaty………………………………………….. Entry into Force of the Treaty ………………………………… Effective Date of Becoming Party to the Treaty ……….. Denunciation of the Treaty…………………………………….. Languages of the Treaty………………………………………… Depositary…………………………………………………………… 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
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Festival strikes again.
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