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Glossary

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Rome Convention

The Rome Convention of 1961 is an international Treaty determining international minimum rights for performing artists (performers), producers of phonograms and broadcasters. Countries that have ratified the Rome Convention are obliged to grant such minimum rights to the three right holders' categories (performers, producers of  phonograms and broadcasters). Approx. 65 countries, including Switzerland, have ratified the Rome Convention as of today. The Rome Convention plays a role when it comes to the question whether a phonogram is protected and therefore remuneration has to be paid for its usage when it is broadcast or communicated to the public in Switzerland.

 

Switzerland applies the following criterion for the protection according to the Rome Convention: A phonogram is protected if the producer of the phonogram is a national of a country that has ratified the Rome Convention. (Important exception: The USA have not ratified the Rome Convention).

 

In addition, according to national law, i.e. the Swiss Copyright Act, phonograms are also protected if the performer(s) that can be heard on the phonogram is (are) a national of a Rome Convention country.