Treaty
음반 의 무단 복제로부터 음반 제작자를 보호하기 위한 협약
대한민국 대법원 · key scourt-3252597 · 효력발생 1987-10-10 · 조문 13개
Article 1 - 이 협약의 적용상 ,
order 1
영문 원문
For the purposes of this Convention: (a) "phonogram" means any exclusively aural fixation of sounds of a performance or of other sounds; (b) "producer of phonograms" means the person who, or the legal entity which, first fixes the sounds of a performance or other sounds; (c) "duplicate" means an article which contains sounds taken directly or indirectly from a phonogram and which embodies all or a substantial part of the sounds fixed in that phonogram; (d) "distribution to the public" means any act by which duplicates of a phonogram are offered, directly or indirectly, to the general public or any section thereof.
Article 2 - 저작권 기타 특정의 권리에 의한 보호 또는 형벌에 의한 보호를 부여하는 체약국은 음반제작자의 보호에 관하여 문학적 및 예술적 저작물의 보호에 관해서 인정되는 제한과 같은 종류의 제한을 국내법으로 정할 수 있다 . 그러나 강제허락은 다음의 모든 조건을 충족하지 아니하는 한 인정할 수 없다 .
order 2
영문 원문
Each Contracting State shall protect producers of phonograms who are nationals of other Contracting States against the making of duplicates without the consent of the producer and against the importation of such duplicates, provided that any such making or importation is for the purpose of distribution to the public, and against the distribution of such duplicates to the public.
Article 3 - (1) 이 협약은 국내법 또는 국제협정에 따라 저작자 , 실연자 , 음반제작자 또는 방송사업자에게 보장되는 보호를 제한하거나 또는 해하는 것으로 해석되지 아니한다 .
order 3
영문 원문
The means by which this Convention is implemented shall be a matter for the domestic law of each Contracting State and shall include one or more of the following: protection by means of the grant of a copyright or other specific right; protection by means of the law relating to unfair competition; protection by means of penal sanctions.
Article 4 - (1) 세계지적소유권기구 사무국은 음반의 보호에 관한 정보를 수집 및 공표하며 , 각 체약국은 음반의 보호에 관한 모든 새로운 법령과 공문서를 조속히 사무국에 송부한다 .
order 4
영문 원문
The duration of the protection given shall be a matter for the domestic law of each Contracting State. However, if the domestic law prescribes a specific duration for the protection, that duration shall not be less than twenty years from the end either of the year in which the sounds embodied in the phonogram were first fixed or of the year in which the phonogram was first published.
Article 5 - (1) 이 협약은 국제연합사무총장에게 기탁된다 . 이 협약은 국제연합 , 국제연합과 관련 있는 전문기구 , 국제원자력기구의 회원국 또는 국제사법재판소규정의 당사국에 의한 서명을 위하여 1972 년 4 월 30 일 까지 개방된다 .
order 5
영문 원문
If, as a condition of protecting the producers of phonograms, a Contracting State, under its domestic law, requires compliance with formalities, these shall be considered as fulfilled if all the authorized duplicates of the phonogram distributed to the public or their containers bear a notice consisting of the symbol (P), accompanied by the year date of the first publication, placed in such manner as to give reasonable notice of claim of protection; and, if the duplicates or their containers do not identify the producer, his successor in title or the exclusive licensee (by carrying his name, trademark or other appropriate designation), the notice shall also include the name of the producer, his successor in title or the exclusive licensee.
Article 6 - (1) 이 협약은 다섯번째의 비준서 , 수락서 또는 가입서가 기탁된 날로부터 3 개월후에 효력을 발생한다 .
order 6
영문 원문
Any Contracting State which affords protection by means of copyright or other specific right, or protection by means of penal sanctions, may in its domestic law provide, with regard to the protection of producers of phonograms, the same kinds of limitations as are permitted with respect to the protection of authors of literary and artistic works. However, no compulsory licenses may be permitted unless all of the following conditions are met: (a) the duplication is for use solely for the purpose of teaching or scientific research; (b) the license shall be valid for duplication only within the territory of the Contracting State whose competent authority has granted the license and shall not extend to the export of duplicates; (c) the duplication made under the license gives rise to an equitable remuneration fixed by the said authority taking into account, inter alia, the number of duplicates which will be made.
Article 7 - (1) 어느 체약국도 국제연합사무총장에 대한 서면통고로서 자국에 대해서 또는 전조제 3 항에서 언급한 영역의 전부 혹은 일부에 대하여 이 협약을 폐기할 수 있다 .
order 7
영문 원문
(1) This Convention shall in no way be interpreted to limit or prejudice the protection otherwise secured to authors, to performers, to producers of phonograms or to broadcasting organizations under any domestic law or international agreement. (2) It shall be a matter for the domestic law of each Contracting State to determine the extent, if any, to which performers whose performances are fixed in a phonogram are entitled to enjoy protection and the conditions for enjoying any such protection. (3) No Contracting State shall be required to apply the provisions of this Convention to any phonogram fixed before this Convention entered into force with respect to that State. (4) Any Contracting State which, on October 29, 1971, affords protection to producers of phonograms solely on the basis of the place of first fixation may, by a notification deposited with the Director General of the World Intellectual Property Organization, declare that it will apply this criterion instead of the criterion of the nationality of the producer.
Article 8 - (1) 이 협약은 동등이 정본인 영어 , 불어 , 러시아어 , 스페인어로 작성된 단일본에 서명된다 .
order 8
영문 원문
(1) The International Bureau of the World Intellectual Property Organization shall assemble and publish information concerning the protection of phonograms. Each Contracting State shall promptly communicate to the International Bureau all new laws and official texts on this subject. (2) The International Bureau shall, on request, furnish information to any Contracting State on matters concerning this Convention, and shall conduct studies and provide services designed to facilitate the protection provided for therein. (3) The International Bureau shall exercise the functions enumerated in paragraph (1) and paragraph (2) above in cooperation, for matters within their respective competence, with the United Nations Educational, Scientific and Cultural Organization and the International Labour Organization.
Article 9
order 9
영문 원문
(1) This Convention shall be deposited with the Secretary-General of the United Nations. It shall be open until April 30, 1972, for signature by any State that is a member of the United Nations, any of the Specialized Agencies brought into relationship with the United Nations, or the International Atomic Energy Agency, or is a party to the Statute of the International Court of Justice. (2) This Convention shall be subject to ratification or acceptance by the signatory States. It shall be open for accession by any State referred to in paragraph (1) of this Article. (3) Instruments of ratification, acceptance or accession shall be deposited with the Secretary-General of the United Nations. (4) It is understood that, at the time a State becomes bound by this Convention, it will be in a position in accordance with its domestic law to give effect to the provisions of the Convention.
Article 10
order 10
영문 원문
No reservations to this Convention are permitted.
Article 11
order 11
영문 원문
(1) This Convention shall enter into force three months after deposit of the fifth instrument of ratification, acceptance or accession. (2) For each State ratifying, accepting or acceding to this Convention after the deposit of the fifth instrument of ratification, acceptance or accession, the Convention shall enter into force three months after the date on which the Director General of the World Intellectual Property Organization informs the States, in accordance with Article 13(4), of the deposit of its instrument. (3) Any State may, at the time of ratification, acceptance or accession or at any later date, declare by notification addressed to the Secretary-General of the United Nations that this Convention shall apply to all or any one of the territories for whose international affairs it is responsible. This notification will take effect three months after the date on which it is received. (4) However, the preceding paragraph may in no way be understood as implying the recognition or tacit acceptance by a Contracting State of the factual situation concerning a territory to which this Convention is made applicable by another Contracting State by virtue of the said paragraph.
Article 12
order 12
영문 원문
(1) Any Contracting State may denounce this Convention, on its own behalf or on behalf of any of the territories referred to in Article 11(3), by written notification addressed to the Secretary-General of the United Nations. (2) Denunciation shall take effect twelve months after the date on which the Secretary-General of the United Nations has received the notification.
Article 13
order 13
영문 원문
(1) This Convention shall be signed in a single copy in English, French, Russian and Spanish, the four texts being equally authentic. (2) Official texts shall be established by the Director General of the World Intellectual Property Organization, after consultation with the interested Governments, in the Arabic, Dutch, German, Italian and Portuguese languages. (3) The Secretary-General of the United Nations shall notify the Director General of the World Intellectual Property Organization, the Director-General of the United Nations Educational, Scientific and Cultural Organization and the Director-General of the International Labour Office of: (a) signatures to this Convention; (b) the deposit of instruments of ratification, acceptance or accession; (c) the date of entry into force of this Convention; (d) any declaration notified pursuant to Article 11(3); (e) the receipt of notifications of denunciation. (4) The Director General of the World Intellectual Property Organization shall inform the States referred to in Article 9(1), of the notifications received pursuant to the preceding paragraph and of any declarations made under Article 7(4). He shall also notify the Director-General of the United Nations Educational, Scientific and Cultural Organization and the Director-General of the International Labour Office of such declarations. (5) The Secretary-General of the United Nations shall transmit two certified copies of this Convention to the States referred to in Article 9(1).