RTV Theory and Practice - Special Issue

1. The Rome Convention for the Protection of Performers, Phonogram Producers and Broadcasting Organizations (1961); 2. The Geneva Convention on the Protection of Producers from Unauthorized Reproduction of Their Records and Cassettes (1971). GENEVA CONVENTION ON THE PROTECTION OF PHONOGRAMS Piracy, the unlavvful reproduction of phonograms, is growing unabated and causing serious harm to phonogram producers, and it is contrary to intellectual property rights in general. Since it is a plague of international proportions the battle against it should begin with an international convention. In 1971 the Geneva Convention was adopted with the primary intention of prohibiting unlawful reproduction, importation and distribution of phonograms while leaving the ways and means of this protection to be defined by national legislation. The following acts are considered unlawful: a) Reproduction - the fact of reproduction for the purpose of sale is sufficient Nothing else need be demonstrated in court proceedings. b) Importation - proceedings may be initiated against an importer provided it is shown that phonograms in his possession have been reproduced without the producer’s permission. c) Sale - the act of distribution is sufficient cause for initiating proceedings against a wholesaler ог retailer. The fact that the phonograms аге stored in a warehouse ог store and have not yet been sold is not adequate defence. Although the ways and means of protection аге left to national legislation, the convention cites four possibilities:

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