Partijen en gegevens

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.

Pursuant to Article 15(3) of the WIPO Performances and Phonograms Treaty, the United States will apply the provisions of Article 15(1) of the WIPO Performances and Phonograms Treaty only in respect of certain acts of broadcasting and communication to the public by digital means for which a direct or indirect fee is charged for reception, and for other retransmissions and digital phonorecord deliveries, as provided under the United States law.

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 Govemment 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’.

[…] 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.

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:

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.

The People's Republic of China does not consider itself bound by Paragraph 1 of Article 15 of the Treaty.

In accordance with the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China and 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 has decided that, unless otherwise notified, the Treaty shall not apply to the Hong Kong Special Administrative Region and the Macao Special Administrative Region of the People's Republic of China.

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.

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.

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).

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.

In accordance with Article 15, paragraph 3 of the Treaty, the Republic of Costa Rica shall only apply the provisions of Article 15, pargraph[lees: paragraph] 1 of the Treaty in respect of broadcasting or communication to the public for commercial purposes, in accordance with what is established in Cosa Rica legislation, and shall not apply the said provisions to traditional free non-interactive over-the-air broadcasting.

Date of effect: 14 November 2009.

Withdrawal of declaration of 14-08-2009.

The declaration shall take effect on 7 August 2019.

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.

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.

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.

[…] 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.

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.

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.

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.

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.