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Wipo Treaty On Performances And Phonograms (Wppt) Geneva (1996)

Original Language Title: WIPO-Vertrag über Darbietungen und Tonträger (WPPT) Genf (1996)

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WIPO Performances and Ph.D Treaty (WPPT) Geneva (1996)

[German contract text see annexes]

[English contract text see annexes]

[French contract text see annexes]

The instrument of ratification, signed by the Federal President and countersigned by the Federal Chancellor, was deposited on 14 December 2009 with the Director-General of the World Intellectual Property Organisation, which, according to the Director-General's note, is the The contract entered into force on 14 March 2010 in accordance with its Article 30 for Austria.

According to the Communications of the Director-General of the World Intellectual Property Organisation, the following countries have: the international organisation has ratified the present Treaty, or are acceding to this:

Albania, Argentina, Armenia, Azerbaijan, Australia, Bahrain, Belarus, Belgium, Benin, Bosnia and Herzegovina, Botswana, Bulgaria, Burkina Faso, Chile, China, Costa Rica, Denmark, Germany, Dominican Republic, Ecuador, El Salvador, Estonia, European Union, Finland, France, Gabon, Georgia, Greece, Guatemala, Guinea, Honduras, Indonesia, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Qatar, Kyrgyzstan, Colombia, Republic of Korea, Croatia, Latvia, Liechtenstein, Lithuania, Luxembourg, Mali, Malta, the former Yugoslav Republic of Macedonia Republic of Macedonia, Mexico, Moldova, Mongolia, Montenegro, Nicaragua, Netherlands, Oman, Panama, Paraguay, Peru, Philippines, Poland, Portugal, Romania, Russian Federation, Sweden, Switzerland, Senegal, Serbia, Singapore, Slovakia, Slovenia, Spain, St. Lucia, Togo, Trinidad and Tobago, Czech Republic, Turkey, Ukraine, Hungary, Uruguay, United Arab Emirates, United States of America, United Kingdom, Cyprus.

On the occasion of the deposit of their accession or Instruments of ratification have expressed the following reservations, or Statements made:

Australia:

In accordance with Article 3 (3), Australia shall not apply the feature of the publication (concerning the protection of producers of phonograms); and in accordance with Article 15 (3), Australia shall not apply the provisions of Article 15 (1) in relation to:

a)

the use of phonograms for (i) the consignment and (ii) the public reproduction in the sense of the first sentence of Art. 2 lit. g and

b)

the public reproduction of the phonograms in the form that the sounds of the sound carriers are made perceptible to the public by means of a reception or broadcast of phonograms.

Belgium:

In accordance with Article 3 (3) of the WIPO Agreement on Performances and Sound Carriers (WPPT), the Kingdom of Belgium declares that it is from the Article 5 (3) of the International Convention for the Protection of Performers, the Manufacturers of Sound carriers and broadcasting organizations 1 (Rome Convention 1961), by not applying the feature of the publication as a point of contact.

Chile:

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Pursuant to Article 15 (3) of the Treaty, the Republic of Chile shall be subject to the provisions of Article 15 (1) of the Treaty only with regard to the direct use of phonograms published for commercial purposes for a consignment or for any public reproduction. apply.

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In accordance with Article 15 (3) of the Treaty, the Republic of Chile shall be the Republic of Chile, notwithstanding the provisions of Article 15 (3) of the Treaty, where the producer or artist is a member of another Contracting Party which has made a declaration pursuant to Article 15 (3) of the Treaty, Provisions of the previous declaration applying the provisions of Article 15 (1) of the Treaty to the extent to which the Party grants the protection of copyright in accordance with the provisions of Article 15 (1) of the Treaty.

China:

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

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

In accordance with the Basic Law of the Hong Kong Special Administrative Region of the People's Republic of China, the Government of the People's Republic of China has decided that the Treaty, for the Hong Kong Special Administrative Region of the People's Republic of China, with effect from the 1. October 2008.

The Hong Kong Special Administrative Region of the People's Republic of China shall not be bound by Article 15 (1) of the Treaty in respect of the right of performers to apply.

With regard to the right of producers of phonograms to comply with Article 15 (1) of the Treaty, the relevant laws of the Hong Kong Special Administrative Region of the People's Republic of China are to be applied.

Costa Rica:

In accordance with Article 15 (3) of the Treaty, the Republic of Costa Rica will comply with the provisions of Article 15 (1) of the Treaty only with regard to the broadcast or public reproduction for commercial purposes, in accordance with the legislation of Costa Rica. Ricas, and will not apply the said provisions to traditionally free non-interactive wireless broadcasts.

Denmark:

In accordance with Article 3 (3) of the Treaty on Performances and Sound Carriers (WPPT), the Kingdom of Denmark declares that it is from the provisions of Article 5 (3) of the International Convention on the Protection of Performers, the producers of phonograms and the broadcasting company 1 (Rome Convention 1961), and the feature of the publication referred to in Article 5 (1) (1) (1). (c) The Rome Convention does not apply.

Germany:

In accordance with Article 3 (3) of the WIPO Agreement on Performances and Sound Carriers (WPPT), the Federal Republic of Germany declares that it is of the kind referred to in Article 5 (3) of the International Convention on the Protection of Performers, the Manufacturers of Sound carriers and broadcasting organizations 1 (Rome Convention 1961) makes use of this possibility and that in Article 5 (1) (lit). b do not apply a set property of the specification.

Finland:

In accordance with Article 3 (3) of the Treaty, the Republic of Finland makes use of Article 17 of the International Convention on the Protection of Performers, producers of phonograms and broadcasting companies 1 (Rome Convention). It is based on the fact that Finland has made a declaration at the time of the ratification of the Rome Convention, which states that Finland, with regard to Article 5 of the Agreement, only has the characteristic of the definition and the With regard to Art. 16 (1) (lit). a (iv) will apply the characteristic of the definition in place of the property of nationality.

France:

The Government of the French Republic declares, in accordance with Article 3 (3) of the WIPO Treaty on Performances and Sound Carriers (WPPT), that it shall be informed by the Government of the International Convention on the Protection of Performers, the Producers of phonograms and broadcasting companies 1 (Rome Convention of 26 October) It will apply the feature of the first-time definition instead of the first-time publication.

Japan:

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According to Article 3 (3) of the Treaty, the Government of Japan will not apply the feature of the publication on the protection of producers of phonograms.

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Pursuant to Article 15 (3) of the Treaty, the Government of Japan will be subject to the provisions of Article 15 (1) of the Treaty with regard to the direct or indirect use of the phonograms for commercial purposes, for broadcasting, cable television (wire-bound) transmission) or "automatic public transmission of unspecified information". For the purposes of this declaration, 'automatic public transfer of unspecified information' shall mean the transfer by means of the input of information to an automatic public transmission server (as in Art. 2 Paragraph 1, subparagraph 9 (i) of the copyright law of Japan), which is already connected to a telecommunications line intended for use by the general public, which is automatically available in response to a request from the public is carried out and intended for direct reception by the general public is.

-

In accordance with Article 15 (3) of the Treaty, in relation to phonograms whose producer is a national of another Contracting Party which has made a declaration under Article 15 (3) of the Treaty, the Government of Japan shall be subject to the provisions of the Article. Article 15 (1) of the Treaty shall apply to the extent to which the Contracting Party grants the protection in accordance with the provisions of Article 15 (1) of the Treaty.

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Pursuant to Article 15 (3) of the Treaty, the Government of Japan shall apply the provisions of Article 15 (1) of the Treaty with regard to the direct or indirect use of the phonograms, which are made available to the general public by wire or wireless , in such a way that members of the general public shall be provided with a place individually chosen by them and at a time individually chosen by them for "automatic public transfer of unspecified information" Have access.

Republic of Korea:

-

In accordance with Article 3 (3) of the Treaty, the Government of the Republic of Korea shall not apply the feature of the publication relating to the protection of producers of phonograms.

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In accordance with Article 15 (3) of the Treaty, the Government of the Republic of Korea shall apply the provisions of Article 15 (1) of the Treaty with regard to the use of phonograms intended for commercial purposes for the consignment or the transmission of such data. Cables are published. Transmission via cable does not include transmission over the Internet.

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In accordance with Article 15 (3) of the Treaty with regard to phonograms, the manufacturer of which is a national of another Contracting Party, which has made a declaration pursuant to Article 15 (3), the Government of the Republic of Korea shall be subject to the provisions of of Article 15 (1) to the extent and to the conditions provided by the other Contracting Party to the protection of the phonograms of the producers or artists who are nationals of the Republic of Korea, in accordance with the provisions of Article 15 (1) of this Article is granted.

The former Yugoslav Republic of Macedonia:

The Republic of Macedonia will not apply the provision on the feature of the publication in respect of the national treatment relating to the protection of producers of phonograms in accordance with Article 3 (3) of the WIPO Treaty on Performances and Phonograms with regard to the express reservation of the Republic of Macedonia concerning Article 5 (3) of the International Convention for the Protection of Performers, the producers of phonograms and the broadcasting companies 1 (Rome-Agreement).

The Republic of Macedonia shall not apply the provision relating to the sole reasonable remuneration for the performers and the producers of phonograms for direct or indirect use of published phonograms for commercial purposes, for a Consignment or any other public reproduction in accordance with Article 15 (3) of the WIPO Treaty on performances and phonograms in relation to the express reservation of the Republic of Macedonia concerning Art. 16 (1) (lit). a (i) of the International Convention for the Protection of Performers, the producers of phonograms and the broadcasting companies 1 (Rome-Agreement).

Russian Federation:

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In accordance with Article 15 (3) of the Treaty, the Russian Federation shall not apply the provisions of Article 15 (1) of the Treaty with regard to phonograms, the manufacturer of which is not a national or a legal person of another. Contracting Party; shall, in accordance with Article 15 (1) of the Treaty, restrict the protection of copyright with regard to phonograms, the manufacturer of which is a national or a legal person of another Contracting Party, to the extent and to the extent of the conditions laid down by that Contracting Party for phonograms which are first of all by a national, or a legal person of the Russian Federation; and

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Pursuant to Article 3 (3) of the Treaty, the Russian Federation shall announce that, when it accedes to the International Convention on the protection of performers, producers of phonograms and broadcasting companies, the Russian Federation shall 1 (Rom-Agreement) of 26 In accordance with Article 5 (3) of the Rome Convention, in accordance with Article 5 (3) of the Rome Convention, it had stated that it was in accordance with Article 5 (1) (1). (b) do not apply the provisions of the Rome Convention.

Sweden:

The Kingdom of Sweden declares, in accordance with Article 3 (3) of the WIPO Treaty on Performances and Sound Carriers (WPPT), with regard to Article 5 (3) of the International Convention on the Protection of Performers, the producers of phonograms and of the Send Enterprise 1 , that Sweden shall not apply the feature of the publication, except for the right of reproduction for phonogram producers.

Switzerland:

In accordance with Article 3 (3) of the Treaty, Switzerland hereby declares that it is of the nature referred to in Article 5 (3) of the International Convention for the Protection of Performers, the producers of phonograms and the broadcasting companies 1 (Rom-Agreement), 1961, will make it possible to reject the feature of the definition and to apply the feature of the publication in place.

Singapore:

The Government of the Republic of Singapore declares that, in accordance with Article 15 (3) of the said Treaty, the provisions of Article 15 (1) shall be limited in the following manner:

-

The producers of phonograms shall have the exclusive right to make a sound recording available to the public by means of or as part of a digital audio transmission.

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Performers may file an action for an unauthorised public transfer of a live performance and, in view of an unauthorized public provision, of a recording of a performance (in a network or otherwise) in such a way as to: is that each person has access to a self-selected place and at a time chosen by himself. In this context includes "communication" broadcast, recording into a cable program service and providing the live performance in such a way that on the performance of each person from a self-selected place and to a self-contained place selected time.

United States:

In accordance with Article 15 (3) of the WIPO Performances and Phones Treaty, the United States will apply the provisions of Article 15 (1) of the WIPO Treaty relating to performances and phonograms only, with regard to certain acts of the consignment and the public reproduction by means of digital media for which a direct or indirect charge is charged for reception, and for other re-radiations and digital audio recordings, as in the law of the United States of America is provided.

Faymann