Under U.S Copyright Law When Is A Musical Work Created The Rome Convention and Developing Countries

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The Rome Convention and Developing Countries

A huge number of the countries of the Rome Convention are developing countries. This is quite natural as most developing countries attach great importance to music, dance and other works in their national heritage. The value of the Rome Convention for such countries derives from the fact that it gives security to those who contribute to the dissemination of this heritage abroad. The Convention is especially essential for those countries whose civilization and tradition are oral and the writer is often also the performer. The place occupied by folklore expressions must be remembered and the interests of The artists who perform all the time and thus commemorate them when their performances are used.

While the possibilities to protect folklore works in copyright seem to be limited and establishing a sufficient complementary type of protection seems to require more time, folklore expressions can be competently protected indirectly by protecting their performances, fixations and transmissions. By also protecting producers of phonograms, the Rome Convention promotes especially in developing countries. Such an industry, while ensuring the spread of national culture in Israel and around the world, can also be a significant source of income for the country’s economy.

By giving performers as well as phonogram producers the opportunity to benefit from their performances and productions, the Rome Convention helps to promote artistic heritage and is a significant incentive to creativity. When the interests of performers and producers of phonograms are protected by law, works will enjoy greater progress and suffer less from competition from unprotected performances of foreign works. Where performances and phonograms are exported, there is one more reason to keep them around the world.

We must not forget the role played by broadcasting organizations in developing countries. They also have an interest in protecting their valuable program from rebroadcasting, reproduction and public communication of their broadcasts. Rebroadcasting or receiving television broadcasts in public places can be very profitable, especially when the subject of the original broadcast is an outstanding event. Organizers of such events allow broadcasting to certain territories only or on the condition that no audience reception near the venue of the event drains potential viewers. The Broadcasting Union must therefore be able to prohibit rebroadcasting as well as public reception. The same goes for broadcasting performances or recordings of national folklore expressions. The broadcasting organization must be entitled worldwide to refrain from rebroadcasting or fixing for reproduction its own broadcast of national heritage works.

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