Partijen en gegevens

As regards the protection of producers of phonograms it will not apply the criterion of fixation referred to in article 5, paragraph 1(b) of the Convention;

As regards phonograms the producer of which is a national of another Contracting State, it will limit the protection provided for by article 12 of the Convention to the extent to which, and to the term for which, the latter State grants protection to phonograms first fixed by a German national. ’

The Republic of Bulgaria declares in accordance with article 16, paragraph 1(a) (iii), that it will not apply the provisions of article 12 in respect of phonograms the producer of which is not a national of another Contracting State.

The Republic of Bulgaria declares in accordance with article 16, paragraph 1(a) (iv), that as regards phonograms the producer of which is a national of another Contracting State, it will limit the protection provided for by article 12 to the extent to which, and to the term for which the latter State grants protection to phonograms first fixed by a national of the Republic of Bulgaria. (VN-vertaling) ’

With regard to article 6, paragraph 2: Protection will be granted to broadcasting organisations only if their headquarters is situated in another Contracting State and if their broadcasts are transmitted from a transmitter situated in the same Contracting State.

With regard to article 16, paragraph 1(a)(ii): The provisions of article 12 will be applied solely with respect to use for broadcasting or for any other communication to the public for commercial purposes.

With regard to article 16, paragraph 1(a)(iv): As regards phonograms the producer of which is a national of another Contracting State, the protection provided for in article 12 will be limited to the extent to which, and to the term for which, the latter State grants protection to phonograms first fixed by a Danish national.

With regard to article 17: Denmark will grant the protection provided for in article 5 only if the first fixation of the sound was made in another Contracting State (the criterion of fixation) and will apply for the purposes of paragraph 1(a)(iii) and (iv) of article 16 the said criterion instead of the criterion of nationality. ’

In respect of Article 5(1)(b) and in accordance with Article 5(3) of the Convention, Fiji will not apply, in respect of phonograms, the criterion of fixation;

In respect of Article 6(1) and in accordance with Article 6(2) of the Convention, Fiji will protect broadcasts only if the headquarters of the broadcasting organisation is situated in another Contracting State and the broadcast was transmitted from a transmitter situated in the same Contracting State;

In respect of article 12 and in accordance with article 16(1) of the Convention,

With regard to article 6, paragraph 2: Protection will be granted to broadcasting organisations only if their headquarters is situated in another Contracting State and if their broadcasts are transmitted from a transmitter situated in the same Contracting State.

With regard to article 16, paragraph 1(a) (i): The provisions of article 12 will not be applied with respect to phonograms acquired by a broadcasting organisation before 1 September 1961.

With regard to article 16, paragraph 1(a) (ii): The provisions of article 12 will be applied solely with respect to use for broadcasting.

With regard to article 16, paragraph 1(a) (iv): As regards phonograms first fixed in another Contracting State, the protection provided for in article 12 will be limited to the extent to which, and to the term for which, the latter State grants protection to phonograms first fixed in Finland.

With regard to article 16, paragraph 1(b): The provisions of article 13(d) will be applied only to the communication to the public of television broadcasts in a cinema or other similar place.

With regard to article 17: Finland will apply, for the purpose of article 5, 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. ’

With regard to article 5, paragraph 1, and in accordance with article 5, paragraph 3, of the Convention: Ireland will not apply the criterion of fixation;

With regard to article 6, paragraph 1, and in accordance with article 6, paragraph 2, of the Convention: Ireland will protect broadcasts only if the headquarters of the broadcasting organization is situated in another Contracting State and the broadcast was transmitted from a transmitter situated in the same Contracting State;

With regard to article 12, and in accordance with article 16, paragraph 1(a)(iii): Ireland will not protect broadcasts heard in public (a) at any premises where persons reside or sleep, as part of the amenities provided exclusively or mainly for residents or inmates therein unless a special charge is made for admission to the part of the premises where the recording is to be heard or (b) as part of the activities of, or for the benefit of a club, society or other organisation which is not established or conducted for profit and whose main objects are charitable or are otherwise concerned with the advancement of religion, education or social welfare, unless a charge is made for admission to the part of the premises where the recording is to be heard and any of the proceeds of the charge are applied otherwise than for the purposes of the organisation. ’

Pursuant to article 5, paragraph 3 of the Convention, the Government of Japan will not apply the criterion of publication concerning the protection of producers of phonograms,

Pursuant to article 16, paragraph 1(a)(ii) of the Convention, the Government of Japan will apply the provisions of article 12 of the Convention in respect of uses for broadcasting or for wire diffusion,

Pursuant to article 16, paragraph 1(a) (iv) of the Convention,

Sur l'article 5, alinéa 3: Le ‘critère de la publication’ est exclu;

Sur 1'article 16: l'application de l'article 12 est totalement exclue. ’

the Kingdom of the Netherlands will not apply Article 12 to phonograms the producer of which it not a national of another Contracting State;

as regards phonograms the producer of which is a national of another Contracting State, it will limit the protection provided for by Article 12 to the extent to which, and to the term for which, the latter State grants protection to phonograms first fixed by a national of the Kingdom of the Netherlands. ’

In accordance with article 5, paragraph 3, the Republic of Moldova declares that it will not apply the criterion of fixation referred to in article 5, paragraph 1(b).

In accordance with article 6, paragraph 2, the Republic of Moldova declares that it will protect broadcasts only if the headquarters of the broadcasting organization is situated in another Contracting State and the broadcast was transmitted from a transmitter situated in the same Contracting State.

With reference to article 16, paragraph 1, (a), the Republic of Moldova declares that:

En ce qui concerne la protection accordée aux producteurs de phonogrammes, il ne sera pas fait application, en vertu des dispositions de l'article 5, paragraphe 3, du critère de la publication mais uniquement des critères de la nationalité et de la fixation;

En ce qui concerne la protection des phonogrammes, il ne sera fait application d'aucune des dispositions de l'article 12, comme l'autorise l'article 16, paragraphe 1, lettres a)–i);

En ce qui concerne les organismes de radiodiffusion, il ne sera pas fait application des dispositions de l'article 13, lettre d), relatives à la protection contre la communication au public des émissions de télévision, comme l'autorise l'article 16, paragraphe 1, lettre b). ’

Sur l'article 5, alinéa 3: le ‘critère de la publication’ est exclu;

Sur l'article 16: l'application de l'article 12 est totalement exclue. ’

With regard to Article 5, paragraph 3, the Federal Republic of Nigeria will not apply the criteria of publication under Article 5, paragraph 1(c).

With regard to Article 6, paragraph 2, the Federal Republic of Nigeria will protect broadcasts only if the headquarters of the broadcasting organization is situated in another Contracting State and if the broadcast is transmitted from a transmitter situated in the same Contracting State.

With regard to Article 16, paragraph 1(a):

Pursuant to article 16, paragraph 1, item a(ii), reservation is made to the effect that article 12 shall not apply in respect of use other than for the purpose of economic gain.

Pursuant to article 16, paragraph 1, item a(iii), reservation is made to the effect that article 12 shall not be applicable if the producer is not a national of another Contracting State.

Pursuant to article 16, paragraph 1, item a(iv), reservation is made to the effect that the extent and duration of the protection provided for under article 12 for phonograms which are produced by a national in another Contracting State shall not be more comprehensive than protection granted by that State to phonograms first produced by a Norwegian national.

Pursuant to article 6, paragraph 2, reservation is made to the effect that broadcasts are only protected if the headquarters of the broadcasting organisation is situated in another Contracting State, and the broadcast is transmitted from a transmitter in the same Contracting State. ’

Pursuant to Article 16, section 1, item a (ii), reservation is made to the effect that Article 12 shall not apply in respect of use other than use of phonograms in broadcast transmissions, ’

Selon l'article 16, alinéa 1, a, iii, de la Convention, [l'Autriche n'appliquera pas les dispositions de l'article 12 en ce qui concerne les phonogrammes dont le producteur n'est pas ressortissant d'un Eta[lees: Etat] contractant;

… Selon l'article 16, alinéa 1, a, iv, de ladite Convention, en ce qui concerne les phonogrammes dont le producteur est ressortissant d'un autre Etat contractant [l'Autriche] limitera l'étendue et la durée de la protection prévue à l'article 12à l'étendue et à la durée de la protection que ce dernier Etat contractant accorde aux phonogrammes fixés pour la première fois par un ressortissant autrichien;

… Selon l'article 16, alinéa 1, b, de ladite Convention [l'Autriche] n'appliquera pas les dispositions de l'article 13, d. ’

In respect of article 5(1)(b) and in accordance with article 5(3) of the Convention, the United Kingdom will not apply, in respect of phonograms, the criterion of fixation;

In respect of article 6(1) and in accordance with article 6(2) of the Convention, the United Kingdom will protect broadcasts only if the headquarters of the broadcasting organisation is situated in another Contracting State and the broadcast was transmitted from a transmitter situated in the same Contracting State;

In respect of article 12 and in accordance with article 16(1) of the Convention,

According to the article 5, paragraph 3 of this Convention, the Republic of Macedonia shall not apply the criterion of publication provided under article 5, paragraph 1 (c).

According to the article 16, paragraph 1 (a)(1) of this Convention, the Republic of Macedonia shall not apply the provisions of the article 12.

The notification relating to Article 6, paragraph 2, is withdrawn.

The notification under Article 16, paragraph 1(a) (ii) according to which Sweden will apply Article 12 only in relation to broadcasting is reduced in scope to the effect that Sweden will apply Article 12 to broadcasting and to such communication to the public which is carried out for commercial purposes.

The notification relating to Article 17 is withdrawn in so far as reproduction of phonograms is concerned. Sweden will from July, 1, 1986, grant protection according to article 10 of the Convention to all phonograms.

Pursuant to Article 5(3) of the Convention, Israel shall not apply the criterion of fixation, as set forth in Article 5(1)(b).

In respect of Article 6(1) and pursuant to Article 6(2) of the convention, Israel will protect broadcasts only if the headquarters of the broadcasting organization is situated in another Contracting State and the broadcast was transmitted from a transmitter situated in the same Contracting State.

Pursuant to Article 16(1)(a)(iii) of the Convention, as regards phonograms the producer of which is not a national of another Contracting State, Israel will not apply Article 12 of the Convention.

Pursuant to Article 16(1)(a)(iv) of the Convention, as regards phonograms the producer of which is a national of another Contracting State, Israel will limit the protection provided by Article 12 of the Convention to the extent to which, and to the term for which, that other Contracting State grants protection to phonograms first fixed by a national of Israel.

Pursuant to Article 16(1)(b) of the Convention, Israel will not apply Article 13(d) of the Convention.

Pursuant to article 5, paragraph 3, of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations of 26 October 1961 (hereinafter referred to as the Convention), will not apply the criterion of fixation provided for article 5, paragarph[lees: paragraph] 1(b) of the Convention;

Pursuant to aticle[lees: article] 6, paragraph 2, of the Convention, will protect broadcasts only if the headquarters of the broadcasting organization is situated in another contracting State and the broadcast was transmitted from a transmitter situated in the same State;

Pursuant to article 16, paragraph 1, of the Convention:

Will not apply article 12 of the Convention as regards phonograms the producer of which is not a national or a body corporate of another contracting State;

Will limit the protection provided for by article 12 of the Convention as regards phonograms the producer of which is a national of another contracting State to the extent to which, and under the terms on which, the latter State grants protection to phonograms first fixed by a national or a body corporate of the Russian Federation.