Common use of Copyright and Related Rights Clause in Contracts

Copyright and Related Rights. 1. Without prejudice to the obligations set out in the international agreements to which both Parties are parties, each Party shall, in accordance with its laws and regulations, grant and ensure adequate and effective protection to the authors of works and to performers, producers of phonograms and videograms and broadcasting organisations for their works, performances, phonograms, videograms and broadcasts, respectively. It is understood that computer programmes fall under copyright protection. 2. In addition to the protection provided for in the international agreements to which the Parties are parties, each Party shall: (a) grant and ensure protection as provided for in Articles 5, 6, 7, 8 and 10 of the WPPT, mutatis mutandis, to performers for their audiovisual performances; and (b) grant and ensure protection as provided for in Articles 11, 12, 13 and 14 of the WPPT, mutatis mutandis, to producers of videograms. 3. A radio station or television station shall have the right to prohibit the following acts performed without its permission: (a) rebroadcasting its programmes; and (b) making a sound recording or video recording of its programmes and reproducing such recording. 4. Each Party may, in its national legislation, provide for the same kinds of limitations or exceptions with regard to the protection of performers for their audiovisual performances to the protection of videograms producers, and to broadcasting organisations as it provides for in its national legislation, in connection with the protection of copyright in literary and artistic work. 5. Each Party shall ensure that the author has the right, independently of the author's economic rights, and even after the transfer of the said rights, to claim authorship of the work and to object to any modification, distortion, mutilation or other derogatory action in relation to the said work, which would be prejudicial to his or her honour or reputation. 6. The rights granted to the author in accordance with paragraph 5 shall, after his or her death, be maintained at least until the expiry of the economic rights, and shall be exercisable by the persons or institutions authorised by the legislation of the Party in which protection is claimed. 7. The rights granted under paragraphs 5 and 6 shall be granted, mutatis mutandis, to performers as regards their live aural, visual or audiovisual performances, or performances fixed in phonograms or audiovisual fixations. 8. The term of protection to be granted to performers under this Agreement shall last, at least, until the end of a period of 50 years computed from the end of the year in which the performance took place. 9. The term of protection to be granted to producers of videograms under this Agreement shall last, at least, until the end of a period of 50 years computed from the end of the year in which the videogram was published, or failing such publication within 50 years from fixation of the videogram, 50 years from the end of the year in which the fixation was made. 10. The term of protection to be granted to broadcasting organisations under this Agreement shall last, at least, until the end of a period of 50 years computed from the end of the year in which the broadcast took place. 11. A Party may be exempted from its obligations under paragraphs 8, 9 and 10 where the exemptions as provided for in Articles 7 and 7bis of the Berne Convention may apply.

Appears in 2 contracts

Samples: Free Trade Agreement, Free Trade Agreement

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Copyright and Related Rights. 1. Without prejudice to The Parties recognize the existing rights and obligations set out in under the Berne Convention; the Rome Convention; the Brussels Convention; the Geneva Convention; the TODA Treaty; and the TOIEF Treaty. 2. In accordance with the international agreements conventions referred to which both Parties are partiesin paragraph 1 and with its national legislation, each Party shall, in accordance with its laws and regulations, grant and ensure shall provide adequate and effective protection to the authors of works literary and artistic works, to performers, and to producers of phonograms and videograms and broadcasting organisations for organizations, in their works, artistic performances, phonograms, videograms phonograms and broadcasts, respectively. It is understood that computer programmes fall under copyright protection. 2. In addition to the protection provided for in the international agreements to which the Parties are parties, each Party shall: (a) grant and ensure protection as provided for in Articles 5, 6, 7, 8 and 10 of the WPPT, mutatis mutandis, to performers for their audiovisual performances; and (b) grant and ensure protection as provided for in Articles 11, 12, 13 and 14 of the WPPT, mutatis mutandis, to producers of videograms. 3. A radio station or television station The enjoyment and exercise of the rights provided for in this Treaty shall have the right not be subject to prohibit the following acts performed without its permission: (a) rebroadcasting its programmes; and (b) making a sound recording or video recording of its programmes and reproducing such recordingany formality. 4. Each Party mayParties shall provide adequate legal protection and effective legal remedies against devices or systems that are intended to defeat technological protection measures that are used by authors, in its national legislation, provide for the same kinds performers and producers of limitations or exceptions with regard to the protection of performers for their audiovisual performances to the protection of videograms producers, and to broadcasting organisations as it provides for in its national legislation, phonograms in connection with the protection exercise of copyright their rights under this Agreement and that, in literary respect of their works, performances or phonograms, restrict acts that are not authorized by the authors, performers and artistic workproducers of phonograms concerned or permitted by the national law of each Party. 5. Each Party shall ensure that Independently of the author has the right, independently economic rights of the author's economic rights, and even after the transfer of the said these rights, the author shall retain, at least, the right to claim authorship of the work and to object to any modification, distortion, mutilation or other derogatory action in relation to the said workmodification, which or any attack upon it, that would be prejudicial to his or her honour honor or reputation. 6. The rights granted recognized to the author in accordance with paragraph 5 shall, shall be maintained after his or her death, be maintained at least until death in accordance with the expiry national legislation of the economic rightseach Party, and shall be exercisable exercised by the persons or institutions authorised by to whom the national legislation of the Party country in which protection is claimedclaimed recognizes rights. 7. The rights granted under paragraphs 5 and 6 shall be granted, mutatis mutandis, to performers as regards in respect of their live aural, visual or audiovisual performances, performances or performances fixed in phonograms or audiovisual fixationsmaterial. 8. The term Each Party shall ensure that a broadcasting organization in its territory shall have at least the exclusive right to authorize the following acts: fixation on a physical medium, reproduction and retransmission of protection to be granted to performers under this Agreement shall last, at least, until the end of a period of 50 years computed from the end of the year in which the performance took placeits broadcasts. 9. The term of protection Parties may provide in their national legislation for limitations and exceptions to be granted to producers of videograms under the rights provided for in this Agreement shall last, at least, until the end of Article only in certain cases and provided that they do not conflict with a period of 50 years computed from the end normal exploitation of the year in which work and do not unreasonably prejudice the videogram was published, or failing such publication within 50 years from fixation legitimate interests of the videogram, 50 years from the end owner of the year in which the fixation was maderights. 10. The term Parties recognize the importance of protection to be granted to broadcasting organisations under this Agreement shall lastcollective management societies of copyright and related rights, at least, until for the end purpose of a period of 50 years computed from the end ensuring effective management of the year rights entrusted to them, in which accordance with the broadcast took placenational legislation of each Party. 11. A Party may be exempted from its obligations under paragraphs 8, 9 and 10 where the exemptions as provided for in Articles 7 and 7bis of the Berne Convention may apply.

Appears in 1 contract

Samples: Free Trade Agreement

Copyright and Related Rights. 1. Without prejudice to the obligations set out in the international agreements to which both Parties are parties, each Party shall, in accordance with its laws and regulations, grant and ensure adequate and effective protection to the authors of works and to performers, producers of phonograms and videograms and broadcasting organisations for their works, performances, phonograms, videograms and broadcasts, respectively. It is understood that computer programmes fall under copyright protection. 2. In addition to the protection provided for in the international agreements to which the Parties are parties, each Party shall: (a) grant and ensure protection as provided for in Articles 5, 6, 7, 8 and 10 of the WPPT, mutatis mutandis, to performers for their audiovisual performances; audio-visual performances; and (b) grant and ensure protection as provided for in Articles 11, 12, 13 and 14 of the WPPT, mutatis mutandis, to producers of videograms. 3. A radio station or television station shall have the right to prohibit the following acts performed without its permission: (a) rebroadcasting its programmes; programmes; and (b) making a sound recording or video recording of its programmes and reproducing such recording. 4. Each Party may, in its national legislation, provide for the same kinds of limitations or exceptions with regard to the protection of performers for their audiovisual audio-visual performances to the protection of videograms producers, and to broadcasting organisations as it provides for in its national legislation, in connection with the protection of copyright in literary and artistic work. 5. Each Party shall ensure that the author has the right, independently of the author's ’s economic rights, and even after the transfer of the said rights, to claim authorship of the work and to object to any modification, distortion, mutilation or other derogatory action in relation to the said work, which would be prejudicial to his or her honour or reputation. 6. The rights granted to the author in accordance with paragraph 5 shall, after his or her death, be maintained at least until the expiry of the economic rights, and shall be exercisable by the persons or institutions authorised by the legislation of the Party in which protection is claimed. 7. The rights granted under paragraphs 5 and 6 shall be granted, mutatis mutandis, to performers as regards their live aural, visual or audiovisual performances, or performances fixed in phonograms or audiovisual fixations. 8. The term of protection to be granted to performers under this Agreement shall last, at least, until the end of a period of 50 years computed from the end of the year in which the performance took place. 9. The term of protection to be granted to producers of videograms under this Agreement shall last, at least, until the end of a period of 50 years computed from the end of the year in which the videogram was published, or failing such publication within 50 years from fixation of the videogram, 50 years from the end of the year in which the fixation was made. 10. The term of protection to be granted to broadcasting organisations under this Agreement shall last, at least, until the end of a period of 50 years computed from the end of the year in which the broadcast took place. 11. A Party may be exempted from its obligations under paragraphs 8, 9 and 10 where the exemptions as provided for in Articles 7 and 7bis of the Berne Convention may apply.

Appears in 1 contract

Samples: Free Trade Agreement

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Copyright and Related Rights. 1. Without prejudice to the obligations set out in the international agreements to which both Parties are parties, each Party shall, in accordance with its laws and regulations, grant and ensure adequate and effective protection to the authors of works and to performers, producers of phonograms and videograms and broadcasting organisations for their works, performances, phonograms, videograms and broadcasts, respectively. It is understood that computer programmes fall under copyright protection. 2. In addition to the protection provided for in the international agreements to which the Parties are parties, each Party shall: (a) grant and ensure protection as provided for in Articles 5, 6, 7, 8 and 10 of the WPPT, mutatis mutandis, to performers for their audiovisual audio­visual performances; and (b) grant and ensure protection as provided for in Articles 11, 12, 13 and 14 of the WPPT, mutatis mutandis, to producers of videograms. 3. A radio station or television station shall have the right to prohibit the following acts performed without its permission: (a) rebroadcasting its programmes; and (b) making a sound recording or video recording of its programmes and reproducing such recording. 4. Each Party may, in its national legislation, provide for the same kinds of limitations or exceptions with regard to the protection of performers for their audiovisual audio­visual performances to the protection of videograms producers, and to broadcasting organisations as it provides for in its national legislation, in connection with the protection of copyright in literary and artistic work. 5. Each Party shall ensure that the author has the right, independently of the author's ’s economic rights, and even after the transfer of the said rights, to claim authorship of the work and to object to any modification, distortion, mutilation or other derogatory action in relation to the said work, which would be prejudicial to his or her honour or reputation. 6. The rights granted to the author in accordance with paragraph 5 shall, after his or her death, be maintained at least until the expiry of the economic rights, and shall be exercisable by the persons or institutions authorised by the legislation of the Party in which protection is claimed. 7. The rights granted under paragraphs 5 and 6 shall be granted, mutatis mutandis, to performers as regards their live aural, visual or audiovisual performances, or performances fixed in phonograms or audiovisual fixations. 8. The term of protection to be granted to performers under this Agreement shall last, at least, until the end of a period of 50 years computed from the end of the year in which the performance took place. 9. The term of protection to be granted to producers of videograms under this Agreement shall last, at least, until the end of a period of 50 years computed from the end of the year in which the videogram was published, or failing such publication within 50 years from fixation of the videogram, 50 years from the end of the year in which the fixation was made. 10. The term of protection to be granted to broadcasting organisations under this Agreement shall last, at least, until the end of a period of 50 years computed from the end of the year in which the broadcast took place. 11. A Party may be exempted from its obligations under paragraphs 8, 9 and 10 where the exemptions as provided for in Articles 7 and 7bis of the Berne Convention may apply.

Appears in 1 contract

Samples: Free Trade Agreement

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