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Equitable Remuneration

Intellectual Property Rights

Equitable Remuneration

Equitable Remuneration

Equitable remuneration refers to the remuneration of certain acts carried out in respect of a work or an object of related rights in an amount and in a manner consistent with what may be regarded as normal commercial standards in case of authorization of the same act by the owner of a copyright or related rights.  Such remuneration is usually payable when economic rights are reduced to a right to remuneration (and, in general, applied on the basis of a non-voluntary license). The WIPO Performances and Phonograms Treaty, 1996 (WPPT), provides that performers and producers of phonograms enjoy the right to a single equitable remuneration for the direct or indirect use of phonograms, published for commercial purposes, for broadcasting or for communication to the public (Article 15(1)).  However, any Contracting Party may restrict or – provided that it makes a reservation to the Treaty – deny this right (Article 15(3).