2. Contracting parties may provide, in their national legislation, that fair remuneration is invoked by the user by the issuing company or by the manufacturer of a phonogram or by both parties. Contracting parties may adopt national legislation which, in the absence of agreement between the performer and the manufacturer of a phonogram, sets out the conditions under which performers and phonogram producers share a fair remuneration. This treaty is the result of a long process that includes two previous missed opportunities. The first international treaty to protect intellectual property rights for all performances was, in 1961, the Rome Convention for the Protection of Performers, Phonogram Producers and Broadcasters. Although she surrendered again, she offered interpreters limited protection, not moral rights. Moreover, one of its provisions explicitly rejected any economic rights to audiovisual obsessions. The year 1961 thus marks the beginning of a long-standing discrimination between the protection of intellectual property for audio and audiovisual recordings at the international level, which was not eliminated by the BTAP until 2012. Finally, a WIPO diplomatic conference in 1996 would update the protection of the Rome Convention and assess the rights of hearing intellectuals only to the intellectual property of audio interpreters. Another diplomatic conference in 2000, devoted specifically to audiovisual performances, reached an interim agreement on 19 substantive articles, but was unable to submit a contract, as it was not possible to reconcile differing views on the sensitive issue of the transfer of the rights of performers to producers.
In fact, the main reason was to find an acceptable compromise on this issue, which took so long to conclude a contract for audiovisual performances. The rights of performers in audiovisual works are administered differently in different legal systems and, while the producer lobby insisted that the rule of transmission be mandatory, an overwhelming majority of countries opposed this idea. It took another 12 years for producers to finally accept a provision which, while recognising the presumption of transposition into national law, does not make it the overall rule in audiovisual production contracts between performers and producers. The WIPO Treaty on Interpretations and Phonograms (WPPT) is an international agreement of the World Intellectual Property Organization that complements the Bern Convention for the Protection of Literary and Artistic Works (Bern Convention) and the International Convention for the Protection of Performers, Phonogram Producers and Broadcasters (Rome Convention). Like the WIPO Copyright Contract (WCT), WPPT was created to address changes in digital technology and communication, particularly the dissemination of protected digital works on the internet. 1. The contracting parties grant the protection provided by this treaty to performers and phonogram producers who are nationals of other contracting parties. . Performers have the exclusive right to allow the public to make their shows available, as defined in phonograms, wire or wireless, so that the public can access them from a place and at a time they choose individually.
1. Performers have the exclusive right to authorize the commercial rental of the original and copies of their interpretations in phonograms, defined in the national law of the contracting parties, even after they are broadcast by the performer. Considering the need to maintain a balance between the rights of performers and phonogram producers and the increased public interest, including education, research and access to information, this treaty can be signed by any WIPO Member State and by the European Community until 31 December 1997.