Unión Europea
Derecho de autor y derechos conexos
7. Are performances of performers protected for the term required in Article 14(5) of the TRIPS Agreement?
The 20 year term of protection provided for in Section 7 of the Performers' Protection Act does not comply with TRIPS Article 14.5. However a Bill amending the Act in this respect is currently pending before the legislature. The amended Section 7 will read as follows: "The prohibition against the use of a performance as provided for in Section 5 shall commence upon the day when the performance first took place or, if incorporated in a phonogram, when it was first fixed on such phonogram, and shall continue for a period of 50 years calculated from the end of the calendar year in which the performance took place or was incorporated in the phonogram, as the case may be."