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Download XMLWIPO Performances and Phonograms Treaty (WPPT) (1996)
Parties with reservations, declarations and objections
| Party | Reservations / Declarations | Objections |
|---|---|---|
| Australia | Yes | No |
| Belgium | Yes | No |
| Canada | Yes | No |
| Chile | Yes | No |
| China | Yes | No |
| Denmark | Yes | No |
| Finland | Yes | No |
| France | Yes | No |
| Germany | Yes | No |
| India | Yes | No |
| Japan | Yes | No |
| New Zealand | Yes | No |
| North Macedonia | Yes | No |
| Republic of Korea, the | Yes | No |
| Russian Federation | Yes | No |
| Singapore | Yes | No |
| Sweden | Yes | No |
| Switzerland | Yes | No |
| Vietnam | Yes | No |
Australia
26-04-2007
Pursuant to Article 3(3), Australia will not apply the criterion of publication [concerning
the protection of producers of phonograms]; and pursuant to Article 15(3), Australia
will not apply the provisions of Article 15(1) in respect of:
(a) the use of phonograms for (i) radio broadcasting, and (ii) radio communication
to the public within the meaning of the first sentence of Article 2(g), and
(b) the communication to the public of phonograms by way of making the sounds of the
phonograms audible to the public by means of the operation of equipment to receive
a broadcast or other transmission of the phonograms.
Belgium
30-05-2006
In accordance with Article 3(3) of the WIPO Performances and Phonograms Treaty (WPPT), the Kingdom of Belgium declares that it avails itself of the faculty provided in Article 5(3) of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention 1961) in the sense that it will not apply the criterion of publication as a point of attachment.
Canada
13-05-2014
- Pursuant to Article 3(3) of the Treaty, the Government of Canada will not apply
the criterion of fixation with regard to exclusive rights of producers of phonograms;
- Pursuant to Article 3(3) of the Treaty, the Government of Canada will not apply
the criterion of publication with regard to the remuneration right of Article 15(1)
of the Treaty; and
- Pursuant to Article 15(3) of the Treaty, the Government of Canada will not apply
Article 15(1) of the Treaty with regard to the retransmission of phonograms.
Chile
01-05-2003
Pursuant to Article 15, paragraph 3 of the Treaty, the Republic of Chile will apply
the provisions of Article 15, paragraph 1 of the Treaty only in respect of direct
uses of phonograms published for commercial purposes for broadcasting or for any communication
to the public.
Pursuant to Article 15, paragraph 3 of the Treaty, as regards phonograms the producer
or performer of which is a national of another Contracting Party which has made a
declaration under Article 15, paragraph 3 of the Treaty, the Republic of Chile will
apply, notwithstanding the provisions of the preceding declaration, the provisions
of Article 15, paragraph 1 of the Treaty to the extent that Party grants the protection
provided for by the provisions of Article 15, paragraph 1 of the Treaty.
China
09-03-2007
The People’s Republic of China does not consider itself bound by Paragraph 1 of Article 15 of the Treaty.
23-09-2008
The Hong Kong Special Administrative Region of the People's Republic of China does
not consider itself bound by Article 15(1) of the Treaty with regard to the right
of the performers.
With respect to the right of the producers of phonograms stipulated in Article 15(1)
of the Treaty, relevant laws of the Hong Kong Special Administrative Region of the
People's Republic of China shall apply.
06-08-2013
In accordance with the Basic Law of the Macao Special Administrative Region of the
People's Republic of China, the Government of the People's Republic of China decides
that the Treaty shall apply to the Macao Special Administrative Region.
The Macao Special Administrative Region of the People's Republic of China shall not
be bound by Article 15(1) of the Treaty with regard to the right of producers of phonograms.
With respect to the right of performers stipulated in Article 15(1) of the Treaty,
relevant laws of the Macao Special Administrative Region of the People's Republic
of China shall apply.
Denmark
14-12-2009
In accordance with Article 3(3) of the WIPO Performances and Phonograms Treaty (WPPT), the Kingdom of Denmark declares that it avails itself of the faculty provided in Article 5(3) of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome Convention (1961)) in the sense that Denmark will not apply the criterion of publication in Article 5(1)(c) of the Rome Convention.
Finland
14-12-2009
Pursuant to Article 3(3) of the Treaty the Republic of Finland avails itself of the possibilities provided in Article 17 of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome Convention) and refers to the notification made at the time of ratification by Finland of the Rome Convention, stating that it will apply, for the purposes of Article 5 of the said Convention, the criterion of fixation alone and, for the purposes of Article 16, paragraph 1(a)(iv), the criterion of fixation instead of the criterion of nationality.
13-04-2016
[…] having withdrawn its notification to Article 17 of the Rome Convention in accordance
with Article 18 of the said Convention and having made a new declaration provided
in Article 5(3) of the Rome Convention, the Government of the Republic of Finland
do [sic] hereby alter its notification to Article 3(3) of the WPPT as follows:
Pursuant to Article 3(3) of the Treaty, the Republic of Finland availing itself of
the possibilities provided in Article 5(3) of the Rome Convention, declares that it
will not apply the criterion of publication.
The said declaration will enter into force on October 13, 2016.
France
14-12-2009
The Government of the French Republic declares, in accordance with Article 3(3) of the WIPO Performances and Phonograms Treaty (WPPT), that it avails itself of the faculty provided in Article 5(3) of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (Rome Convention of October 26, 1961), and that instead of the criterion of first publication it will apply the criterion of first fixation.
Germany
14-12-2009
In accordance with Article 3(3) of the WIPO Performances and Phonograms Treaty (WPPT), the Federal Republic of Germany declares that it avails itself of the faculty provided in Article 5(3) of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome Convention (1961)) in the sense that it will not apply the criterion of fixation laid down in Article 5(1)(b) thereof.
India
25-09-2018
- In accordance with Article 3(3) of the WIPO Performances and Phonograms Treaty and
with reference to Article 5(3) of the International Convention for the Protection
of Performers, Producers of Phonograms and Broadcasting Organisations (the Rome Convention)
of October 26, 1961, the Government of the Republic of India declares that the criterion
of fixation provided for in Article 5(1)(b) of the Rome Convention will not be applied
while granting national treatment to producers of phonograms; and
- In accordance with Article 15(3) of the WIPO Performances and Phonograms Treaty,
the Government of the Republic of India declares that the provisions of Article 15(1)
of the Treaty relating to a single equitable remuneration for performers and producers
of phonograms will not be applied in India.
Japan
09-07-2002
- Pursuant to Article 3, paragraph 3 of the Treaty, the Government of Japan will not
apply the criterion of publication concerning the protection of producers of phonograms.
- Pursuant to Article 15, paragraph 3 of the Treaty, the Government of Japan will
apply the provisions of Article 15, paragraph 1 of the Treaty in respect of direct
uses for broadcasting or for wire diffusion.
- Pursuant to Article 15, paragraph 3 of the Treaty, as regards phonograms the producer
of which is a national of another Contracting Party which has made a declaration under
Article 15, paragraph 3 of the Treaty, the Government of Japan will apply the provision
of Article 15, paragraph 1 of the Treaty to the extent that Party grants the protection
provided for by the provisions of Article 15, paragraph 1 of the Treaty.
- Pursuant to Article 15, paragraph 3 of the Treaty, the Government of Japan will
not apply Article 15, paragraph 1 of the Treaty to the phonograms made available to
the public, by wire or wireless means, in such a way that members of the public may
access them from a place and a time individually chosen by them.
21-01-2008
[…] the Government of Japan has deposited […] a declaration partially modifying the
original declaration in respect of its paragraphs 2 and 4 as follows:
- Pursuant to Article 15, paragraph 3 of the Treaty, the Government of Japan will
apply the provisions of Article 15, paragraph 1 of the Treaty in respect of the direct
or indirect use of the phonograms published for commercial purposes for broadcasting,
cablecasting (wire diffusion) or "automatic public transmission of unfixed information".
For purposes of this declaration, "automatic public transmission of unfixed information"
shall mean transmission by means of inputting information into an automatic public
transmission server (as defined in Article 2, paragraph 1, subparagraph 9 quinquies
(i) of the copyright law of Japan) already connected with a telecommunication line
that is provided for use by the public, which is carried out automatically in response
to a request from the public and which is intended for direct receipt by the public.
- Pursuant to Article 15, paragraph 3 of the Treaty, the Government of Japan will
apply the provisions of Article 15, paragraph 1 of the Treaty in respect of the direct
or indirect use of the phonograms made available to the public, by wire or wireless
means, in such a way that members of the public may access them from a place and a
time individually chosen by them for "automatic public transmission of unfixed information".
27-05-2019
[…] the Government of Japan has deposited […] a declaration according to which paragraph
4 of the original declaration is further modified as follows:
Pursuant to Article 15, paragraph 3 of the Treaty, the Government of Japan will apply
the provisions of Article 15, paragraph 1 of the Treaty in respect of the direct or
indirect use of the phonograms made available to the public, by wire or wireless means,
in such a way that members of the public may access them from a place and a time individually
chosen by them for broadcasting, cablecasting (wire diffusion) or "automatic public
transmission of unfixed information.
This declaration shall take effect on 27 August 2019.
New Zealand
17-12-2018
In accordance with Article 15(3) of the Agreement, the Government of New Zealand hereby declares that the provisions of Article 15(1) of the Agreement will not be applied in New Zealand.
North Macedonia
20-12-2004
The Republic of Macedonia shall not apply the provision on the criterion of publication
in respect of the national treatment on protection of phonogram producers in accordance
with Article 3 paragraph 3 from the WIPO Performances and Phonograms Treaty, in relation
to the expressed reservation of the Republic of Macedonia on Article 5 paragraph 3
from the International Convention for the Protection of Performers, Phonogram Producers
and Broadcasting Organizations (Rome Convention).
The Republic of Macedonia shall not apply the provision on single equitable remuneration
for the performers and for the phonogram producers for direct or indirect use of phonograms
published for commercial purposes for broadcasting or for any other communication
to the public, in accordance with Article 15 paragraph 3 from WIPO Performances and
Phonograms Treaty, in relation to the expressed reservation of the Republic of Macedonia
on Article 16 paragraph (1)(a)(i) from the International Convention for the Protection
of Performers, Phonogram Producers and Broadcasting Organizations (the Rome Convention).
Republic of Korea, the
18-12-2008
- In accordance with Article 3(3) of the Treaty, the Government of the Republic of
Korea will not apply the criterion of publication concerning the protection of producers
of phonograms.
- In accordance with Article 15(3) of the Treaty, the Government of the Republic of
Korea will apply the provisions of Article 15(1) of the Treaty in respect of the use
of phonograms published for commercial purposes for broadcasting or transmission by
wire. Transmission by wire does not include transmission over the Internet.
- In accordance with Article 15(3) of the Treaty, as regards phonograms the producer
or performer of which is a national of another Contracting Party which has made a
declaration under Article 15(3) thereof, the Government of the Republic of Korea will
apply the provisions of Article 15(1) thereof to the extent to which, and to the term
for which, the other Contracting Party grants protection to phonograms the producer
or performer of which is a national of the Republic of Korea under the provisions
of Article 15(1) thereof.
Russian Federation
05-11-2008
- that in accordance with Article 15(3) of the WPPT, the Russian Federation shall
not apply the provisions of Article 15(1) of the WPPT in relation to phonograms, the
producer of which is not a citizen or legal person of another Contracting Party; shall
limit the protection granted, in accordance with Article 15(1) of the WPPT, in relation
to phonograms, the producer of which is a citizen or legal person of another Contracting
Party, within the scope and on the conditions provided for by this Contracting Party
for phonograms first recorded by a citizen or legal person of the Russian Federation;
and
- that in accordance with Article 3(3) of the WPPT, the Russian Federation notifies
that when it acceded to the International Convention for the Protection of Performers,
Producers of Phonograms and Broadcasting Organisations (Rome Convention) of October
26, 1961, the Russian Federation in accordance with Article 5(3) of the Rome Convention,
declared that it shall not apply the fixation criterion provided for in Article 5(1)(b)
of the Rome Convention.
Singapore
17-01-2005
Pursuant to Article 15(3), Singapore will limit the provisions of Article 15(1) in
the following ways:
- Producers of phonograms have the exclusive right to make available to the public
a sound recording by means of, or as part of, a digital audio transmission.
- Performers can bring an action of unauthorized communication of a live performance
to the public and for unauthorized making available of a recording of a performance
to the public (on a network or otherwise) in such a way that the recording may be
accessed by any person from a place and at a time chosen by him. In this context,
"communication" includes broadcasting, inclusion in a cable programme service and
the making available of the live performance in such a way that the performance may
be accessed by any person from a place and at a time chosen by him.
Sweden
14-12-2009
The Kingdom of Sweden declares, in accordance with Article 3(3) of the WIPO Performances and Phonograms Treaty with reference to Article 5(3) of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations, that Sweden will not apply the criterion of publication, with the exception of the reproduction right for phonogram producers.
Switzerland
31-03-2008
In accordance with Article 3, paragraph 3 of the Treaty, Switzerland hereby declares that it will make use of the option provided in Article 5, paragraph 3 of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations (Rome Convention), 1961, to reject the criterion of fixation, applying therefore the criterion of publication.
Vietnam
01-04-2022
Pursuant to Article 15(3) of the Treaty, the Socialist Republic of Viet Nam declares to apply Article 15(1) in specific cases as provided for in the Law on Intellectual Property of Viet Nam and its implementing documents.