This article has been written by Ms. Ekagrata Kalra, a 4th year student of Vivekananda Institute of Professional Studies, GGSIPU.
Introduction
The emergence of digital technologies created numerous problems for performers, phonogram producers, and broadcasting organizations, who were concerned about potential misappropriation of their rights due to uncontrolled communication or reproduction via the Internet. To address these concerns, a new treaty called the WIPO Performances and Phonograms Treaty (WPPT) was concluded in December 1996 under the auspices of the World Intellectual Property Organization (WIPO). This treaty was an opportunity to review the Rome Convention, and some experts believe that the WPPT has replaced the Rome Convention with respect to the rights of performers and phonogram producers. The WPPT represents a significant advance in the development of international rules to provide effective and uniform solutions to the new challenges posed by the Internet technologies.
Need for WIPO Performances and Phonograms Treaty
The need for the WIPO Performances and Phonograms Treaty (WPPT) arose with the advent of digital technologies and the subsequent emergence of new challenges for performers, phonogram producers, and broadcasting organizations. These stakeholders were concerned about the potential misappropriation of their rights due to the uncontrolled communication or reproduction of their works through the internet.
The WPPT was adopted in 1996 and entered into force in 2002, with the aim of ensuring that these rights were protected in the digital age. The treaty sets out minimum standards for the protection of the rights of performers and producers of phonograms in the digital environment, including the exclusive right to authorize or prohibit the reproduction, distribution, rental, and making available to the public of their works.
The treaty also recognizes the rights of broadcasting organizations, giving them the exclusive right to authorize or prohibit the retransmission of their broadcasts, including over the internet. The treaty requires member states to provide legal protection for these rights and to ensure that they are enforced.
In summary, the WPPT was established to address the concerns of performers, producers of phonograms, and broadcasting organizations about the potential misappropriation of their rights in the digital environment, and to provide them with the necessary legal protection to safeguard their interests.
WIPO Performances and Phonograms Treaty
The WPPT establishes international standards for the protection of the rights of performers and producers of phonograms. It gives performers the exclusive right to authorize the broadcasting and communication of their live performances and to prevent the fixation and reproduction of their performances without their permission. It also gives producers of phonograms the exclusive right to authorize the reproduction and distribution of their phonograms.
The WPPT requires participating countries to establish laws that provide these protections to performers and producers of phonograms, and to ensure that these laws are effectively enforced. The treaty also includes provisions on issues such as transfer of rights, remuneration, and limitations and exceptions to the exclusive rights granted.
The WPPT has been ratified by a number of countries around the world, including the United States, the European Union, and many others. By providing a framework for the protection of the rights of performers and producers of phonograms, the WPPT helps to ensure that these creative individuals and companies can benefit from their contributions to the arts and entertainment industries.
The WIPO Performances and Phonograms Treaty (WPPT) consists of a Preamble and 24 articles that establish the rights of performers and producers of phonograms in the digital environment, as well as the rights of broadcasting organizations.
Rights under WPPT
In specifically in the digital context, the WIPO Performances and Phonograms Treaty (WPPT) deals with the rights of two categories of beneficiaries: (i) performers (actors, singers, musicians, etc.); and (ii) producers of phonograms (persons or legal entities that take the initiative and have the responsibility for the fixation of sounds). Because the majority of the rights granted to artists by the Treaty are rights related to their fixed, purely audible performances, these rights are handled in the same instrument (which are the subject matter of phonograms).
The Treaty gives performers the following economic rights with regard to their performances that are fixed in phonograms (rather than audiovisual fixations, such as motion pictures): (i) the right of reproduction; (ii) the right of distribution; (iii) the right of rental; and (iv) the right of making available.
The Treaty allows performers three rights with regard to unfixed (live) performances: (i) the right of broadcasting (excluding rebroadcasting); (ii) the right of communication to the public (excluding broadcast performance); and (iii) the right of fixation.
The Treaty gives phonogram producers four types of economic rights over their creations: (i) the right to reproduce, (ii) the right to distribute, (iii) the right to rent, and (iv) the right to make available.
Benefits of WCT & WPPT to India:
- Establishing a worldwide copyright system that may be used to ensure a return on the effort made in creating and disseminating creative works, to enable owners of creative rights to enjoy the fruits of their labor;
- Because India already offers protection to foreign works through the International Copyright Order, these treaties will make it possible for Indian right holders to receive reciprocal protection abroad.
- They also serve to inspire confidence and promote the distribution of creative works in a digital environment with a return on investment.
- To promote company expansion and to aid in the creation of a thriving creative economy and cultural landscape.
No discussion of Indian copyright law can begin without the landmark ruling in R.G. Anand v. Delux Films by the Supreme Court. The fundamental tenet of the idea-expression dichotomy—that copyright resides only in its expression and not in ideas—is laid out in this case. The Supreme Court ruled in a case involving an adaptation of the play “Hum Hindustani” that there cannot be copyright in an idea, subject, themes, plots, or historical or legendary facts, and that in these situations, infringement of the copyright only pertains to the way the author of the copyrighted work expressed the idea in its form, manner, and arrangement.
In the case of Super Cassettes Industries v. Bathla Cassette Industries Pvt Ltd The plaintiff, Super Cassettes Industries Ltd., was in the business of creating, marketing, and disseminating pre-recorded audio cassettes and other recordings under the T-Series name. The court held The plaintiff cannot complain when the defendant employs such a tactic against him because he had no legal rights in what was allegedly his own completely new product. As a result, this injunction petition seems to be invalid at first look and ought to be rejected.
Similarly, in V. Govindan, the Madras High Court held that only a “small” degree of originality is required in the case of a compilation and is therefore protected. The requirement of uniqueness would be satisfied if enough effort, skill, and intelligence had been put forward.
Conclusion
The WPPT’s inclusion of provisions required for the adaptation of international standards on the protection of phonogram performers and producers to the situation brought about by the use of digital technology, particularly of global digital networks like the Internet, is its most significant feature. All nations have a clear stake in using and participating in the global information infrastructure built on such networks and technology. The WPPT and WCT establish the necessary legal framework for this. Due to this, joining the WPPT is also in everyone’s best interests (as well as to the WCT).
References
- WIPO Phonograms and Performances Treaty: https://www.wipo.int/treaties/en/ip/wppt/
- United States Copyright Office, “WIPO Copyright Treaty and WIPO Performances and Phonograms Treaty Implementation Act”: https://www.copyright.gov/laws/legislation/wipoca.html
- European Union Intellectual Property Office, “WPPT – WIPO Phonograms and Performances Treaty”: https://euipo.europa.eu/ohimportal/en/wipo-treaties
- International Federation of the Phonographic Industry, “The WIPO Phonograms and Performances Treaty (WPPT)”: https://www.ifpi.org/wipo-phonograms-and-performances-treaty
- WIPO Magazine, “The WPPT 20 years on”: https://www.wipo.int/wipo_magazine/en/2016/05/article_0005.html
- Protection of Neighbouring Rights (Rights of Performers, Producers of Phonograms and Broadcasting Organisations): International Conventions in the Field of Neighbouring Rights, 28 JILI (1986) 450
Aishwarya Says:
Law students often face problems, which they cannot share with their friends and families. We have started a column on our website Student’s Corner. In this column we are talking to several law students about the challenges that they face. Students who are interested in participating in the same, can fill this Google Form.
IF YOU ARE INTERESTED IN PARTICIPATING IN THE SAME, DO LET ME KNOW.
The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.
If you would also like to contribute to my website, then do share your articles or poems to aishwarya@aishwaryasandeep.com
Join our Whatsapp Group for latest Job Opening