ISLAMIC UNIVERSITY IN UGANDA

LAW FACULTY

NAME: KEDI EMMANUEL

REG NO: 121-053011-25894

TASK: COURSEWORK DAY CLASS

UNIT: INTERLLECTUAL PROPERTY BY MR. MASABA SIMON PETER

RELATED RIGHTS

Copy rights can be referred as a bundle of exclusive legal rights concerned with the protection of literary
and artistic work which is aimed at rewarding the authors for their intellectual efforts and at the same
time promote science, culture and the arts.

On the other hand, related rights (allied rights or neighboring rights) are the rights of a creative work not
connected with the work’s actual author. Related rights vary much more widely in scope between
different countries than authors’ rights. The rights of performers, phonogram producers and
broadcasting organizations are certainly covered, and are internationally protected by the Rome
Convention of Performer’s, producers of phonograms and Broadcasting Organizations which was signed
in 1961.

Apart from the Rome Conventions, a number of other treaties address the protection of related rights
and this include

. Convention for the protection of Producers of Phonograms against Unauthorized Duplication of Their
Phonograms (Geneva Phonograms Convention, 1971)

.WIPO Performances and Phonograms Treaty (WPPT, 1996)

. Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIP, 1994)

. Treaty on Intellectual Property in Respect of Integrated Circuits (IPIC Treaty, 1989)

The holders of related rights are performers, producers of phonograms, film’s producers, broadcasting
organizations, publishers and makers of databases.

Pursuant to the Copyrights and Related Rights Acts, related rights are:

1) Rights of performers in their performances

2) Rights of publishers in their written editions
3) Rights of producers of phonograms on their phonograms
4) Rights of producers of non-original databases in their non-original databases
5) Rights of audiovisual producers in their video grams
 6) Rights of publishers of press publications in their press publications According to the TRIPS
provisions on related rights, it lays an obligations of members with respect to related rights
which are given

The provisions under the Rome Convention have not been incorporated into the Agreement however
there are certain references to that convention for example, the limitations and exceptions applicable to
related rights which have been regulated.

Article 14 of the TRIPS Agreement gives three categories of holders of related rights which include,
performers,(such as musicians, actors and dancers), producers of phonograms and broadcasting
organizations. What is common to all of them is that they bring their own contribution in making literary
and artistic works available to the public. For example, a performer brings his or her skill and creativity
into a performance of a musical composition.

Technical skills and investment is needed from a phonogram producer to put the performance on a
sound recording and a broadcasting organization brings its financial resources and organizational
capacity to transmit the performance of the song to the public.

In regards to the provisions under Article 14, the rights are available to the following categories,

a) Performers

In accordance to Article 14 (1), performers shall have the possibility of preventing the unauthorized
fixation of their performance on sound recording, for example a CD, and the reproduction of such a
fixation. The fixation right required under the TRIPS Agreement covers only audio, not audiovisual
recording of fixations.

This means that musicians must have the possibility of preventing an unauthorized sound recording of
their concerts for example bootlegging.

b) Producers of phonograms

In accordance with article 14(2) members have to grant producers of phonograms an exclusive
reproduction right and in this addition to this, they have to grant, in accordance with Article 14. 4 an
exclusive rental right at least to producers of phonograms.

The provisions on rental rights apply also to any other right holders in phonograms as determined in a
member’s domestic law. This right has the same scope as the rental right in respect of computer
programs.

c) Broadcasting Organizations

Broadcasting organizations shall have, in accordance with Article 14.3 of the TRIPS Agreement the right
to prohibit unauthorized fixation, the reproduction of fixations, and the rebroadcasting by wireless
means of broadcasts, as well as the communication to the public of their television broadcasts.

However, it is not necessary to grant such rights to broadcasting organizations, if owners of copyright in
the subject matter of broadcasts are provided with the possibility of preventing these acts, subject to
the provisions of the Berne Convention for example, in some common law Jurisdictions those who hold
the copyright in respect of the content of a broadcast hold such rights and therefore broadcasting
organizations do not have a separate right in the signal.

Related rights enjoy similar protection to that of copyrights, albeit limited and for a shorter duration.

Article 5(2) of the Berne Convention, as incorporated into the TRIPS Agreement, further provides that
the enjoyment and exercise of the rights in the country where protection is claimed are independent of
the existence of protection in the country of origin. And such rights include the following

1) Reproduction right

Authors have an exclusive right of authorizing the reproduction (copying) of their work in any manner or
form as provided for under Article 9.1 of the Berne Convention. This includes for example, reproducing
a novel in the form of a book or reproducing a song on sound recording and this reproduction right
covers any forms of technology, including photocopying of a book or copying the contents of a CD onto
a computer hard-disk.

The case of Chaplain V Leslie Frewin (publishers) Ltd, an assignment was found in a contract in which a
clause read “the publisher shall during the legal terms of the copyright have the exclusive right of
producing, publishing and selling the said work” and it was held that this was sufficient to assign all the
future works.

Authors normally license the reproduction right to publishers and producers, and it thus becomes the
legal basis of many commercial forms of exploitation works.

2) Rental right

TRIPS Article 11 provides that authors shall have in respect of at least computer programs and
cinematographic works (or film) the right to authorize or to prohibit the commercial rental to the public
of originals or copies of their copyright works. Such rights are not covered under the Berne Convention.

The Article provides two exceptions first, with respect to cinematographic works, the exclusive rental
right is subject to the so-called ‘impairment test’ a member is excepted from the obligation unless such
rental has led to widespread copying of such works which is materially impairing the exclusive right of
reproduction conferred in that member on authors of their successors in title.

Secondly, in respect of computer programs, the obligation does not apply to rentals where the program
itself is not the essential object of the rental.

The TRIPS Agreement, including the Berne Convention provisions incorporated into, it does not require
authors to be provided a general right of distribution however in many jurisdictions, the rental right is
regulated as a part of a general distribution right.

3) Rights of translation and adaptation

Authors have the exclusive right to authorize the translation of their works into another language as
provided under Article 8 of the Berne Convention. They also enjoy the exclusive right to authorize
adaptation, arrangement and other alterations of their works, such as turning a novel into a film script
under Article 12 of the Berne Convention.
As noted before, translations and adaptations are protected under copyright therefore the use of a
translation or an adaptation requires permission both from the original author and the author of the
translation or adaptation.

4) Moral rights

Authors shall have the right independently of his economic rights, to claim the authorship of the work
and to object to any distort, mutilation or other modifications of or other derogatory action in relation
to, the said work, which would be prejudicial to his honor or reputation.

TRIPS Article 9.1 provides that members do not have right or obligations under the TRIPS Agreement in
respect of the right conferred under Article 6bis of that Convention. Moral rights were explicitly
excluded from the TRIPS Agreement on the grounds that these rights that protect the personal link
between the author and his or her work are not trade-related.

However, this does not affect the obligations of those members that are also parties to the Berne
Convention to protect moral rights.

5) Rights of public performance, broadcasting and communication to the public.

Authors enjoy an exclusive right of authorizing the public performance of their works (Article 11 of
Berne Convention) the for example the author of a play may authorize or prohibit the performance of
his or her play at a theatre or a song writer can authorize live performances of their music in restaurant
or recorded performances of their music in discotheques or retail outlets. The right covers only public
performance and no authorization is required for a private performance.

Exclusive rights also cover the right of broadcasting of works or communication thereof to the public by
other wireless means, and the right of communication to the public by wire for example a cable or by
rebroadcasting of broadcast works as well as the right of public communication by loudspeaker and
similar means of broadcast as under Article 11bis (1) of the Berne Convention.

The provisions of the Berne Convention incorporated into the TRIPS Agreement allow members to
provide limitation and exceptions to the exceptions to the exclusive rights of authors in respect of
particular acts of exploitation and section 13 of the TRIPS Agreement provide exceptions and limitations

Under Article 9(2) of the Berne Convection, countries may provide limitation to the reproduction right in
certain special cases, provided that such reproduction does not conflict with a normal exploitation of the
work and does not unreasonably prejudice the legitimate interest of the author.

In conclusion therefore, the term of protect available to performers and producers of phonograms
shall last at least until the end of a period of fifty years computed from the end of the calendar year in
which the fixation was made or the performance took place.