UNESCO.ORGThe OrganizationEducationNatural SciencesSocial & Human SciencesCultureCommunication & InformationSitemap
UNESCO - Legal Instruments
Home HOME Print Print Send Send
 




International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations 1961

Rome, 26 October 1961

Depositary - Opened for Signature - Entry into force - Authoritative texts - Registration at the UN - States Parties - Declarations and Reservations - Territorial Application -

UNESDOC - (PDF) English - French - Spanish

The Contracting States,

Moved by the desire to protect the rights of performers, producers of phonograms, and broadcasting organizations,

Have agreed as follows:


Article 1

Protection granted under this Convention shall leave intact and shall in no way affect the protection of copyright -in literary and artistic works. Consequently, no provision of this Convention may be interpreted as prejudicing such protection.

Article 2

1.For the purposes of this Convention, national treatment shall mean the treatment accorded by the domestic law of the Contracting State in which protection is claimed:

(a) to performers who are its nationals, as regards performances taking place, broadcast, or first fixed, on its territory;

(b) to producers of phonograms who are its nationals, as regards phonograms first fixed or first published .on its territory;

(c) to broadcasting organizations which have their headquarters ,on its territory, as regards broadcasts transmitted from transmitters situated on its territory.

2.National treatment shall be subject to the protection specifically guaranteed, and the limitations specifically provided for, in this Convention.

Article 3

For the purposes of this Convention:

(a) `Performers' means actors, singers, musicians, dancers, and other persons who act, sing, deliver, declaim, play in, or otherwise perform literary or artistic works;

(b) `phonogram' means any exclusively aural fixation of sounds of a performance or of other sounds ;

(c) `Producer of phonograms' means the person who, or the legal entity
which, first fixes the sounds of a performance or other sounds;

(d) `Publication' means the offering of copies of a phonogram to the public in reasonable quantity;

(e) `Reproduction' means the making of a copy or copies of a fixation;

(f) `Broadcasting' means the transmission by wireless means for public reception of sounds or of images and sounds;

(g) 'Rebroadcasting' means the simultaneous broadcasting by one broadcasting organization of the broadcast of another broadcasting organization.

Article 4

Each Contracting State shall grant national treatment to performers if any of the following conditions is met:

(a) the performance takes place in another Contracting State;

(b) the performance is incorporated in a phonogram which is protected under Article 5 of this Convention;

(c) the performance, not being fixed on a phonogram, is carried by a broadcast which is protected by Article 6 of this Convention.

Article 5

1.Each Contracting State shall grant national treatment to producers of phonograms if any of the following conditions is met:

(a) the producer of the phonogram is a national of another Contracting State (criterion of nationality) ;

(b) the first fixation of the sound was made in another Contracting State (criterion of fixation) ;

(c) the phonogram was first published in another Contracting State (criterion of publication).

2.If a phonogram was first published in a non-contracting State but if it was also published, within thirty days of its first publication, in a Contracting State (simultaneous publication), it shall be considered as first published in the Contracting State.

3.By means of a notification deposited with the Secretary-General of the United Nations, any Contracting State may declare that it will not apply the criterion of publication or, alternatively, the criterion of fixation. Such notification may be deposited at the time of ratification, acceptance or accession, or at any time thereafter; in the last case, it shall become effective six months after it has been deposited.

Article 6

1.Each Contracting State shall grant national treatment to broadcasting organizations if either of the following conditions is met:

(a) the headquarters of the broadcasting organization is situated in another Contracting State;

(b) the broadcast was transmitted from a transmitter situated in another Contracting State. `

2.By means of a notification deposited with the Secretary-General of the United Nations, any Contracting State may declare 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. Such notification may be deposited at the time of ratification, acceptance or accession, or at any time thereafter; in the last case, it shall become effective six months after it has been deposited.

Article 7

1.The protection provided for performers by this Convention shall include the possibility of preventing:

(a) the broadcasting and the communication to the public, without their consent, of their performance, except *here the performance used in the broadcasting or the public communication is itself already a broadcast performance or is made from a fixation;

(b) the fixation, without their consent, of their unfixed performance;

(c) the reproduction, without their consent, of a fixation of their performance:

(i) if the original fixation itself was made without their consent;

(ii) if the reproduction is made for purposes different from those for which the performers gave their consent;

(iii) if the original fixation was made in accordance with the provisions of Article 15, and the reproduction is made for purposes different from those referred to in those provisions.

2.(1) If broadcasting was consented to by the performers, it shall be a matter for the domestic law of the Contracting State where protection is claimed to regulate the protection against rebroadcasting, fixation for broadcasting purposes, and the reproduction of such fixation for broadcasting purposes.

(2) The terms and conditions governing the use by broadcasting organizations of fixations made for broadcasting purposes- shall be determined in accordance with the domestic law of the Contracting State where protection is claimed.

(3) However, the domestic law referred to in sub-paragraphs (1) and (2) of this paragraph shall not operate to deprive performers of the ability to control, by contract, their relations with broadcasting organizations.

Article 8

Any Contracting State- may, by its domestic laws and regulations, specify the manner in which performers will be represented in connexion with the exercise of their rights if several of them participate in the same performance.

Article 9

Any Contracting State may, by its domestic laws and regulations, extend the protection provided for in this Convention to artistes who do not perform literary or artistic works.

Article 10

Producers of phonograms shall enjoy the- right to authorise or prohibit the direct or indirect reproduction of their phonograms.

Article 11

If, as a condition of protecting the rights of producers of phonograms, or of performers, or both, in relation to phonograms, a Contracting State, under its domestic law, requires compliance with formalities, these shall be considered as fulfilled if all the copies in commerce of the published phonogram or their containers bear a notice consisting of the symbol ® accompanied by the year date of the first publication, placed in such a manner as to give reasonable notice of claim of protection; and if the copies or their containers do not identify the producer or the licensee of the producer (by carrying his name, trade mark or other appropriate designation), the notice shall also include the name of the owner of the rights of the producer; and, furthermore, if the copies or their containers do not identify the principal performers, the notice shall also include the name of the person who, in the country in which the fixation was effected, owns the rights of such performers.

Article 12

If a phonogram published for commercial purposes, or a reproduction of such phonogram, is used directly for broadcasting or for any communication to the public, a single equitable remuneration shall be paid by the user to the performers, or to the producers of the phonograms, or to both. Domestic law may, in the-absence of agreement between these parties, lay down the conditions as to the sharing of this remuneration.

Article 13

Broadcasting organizations shall enjoy the right to authorise or prohibit:

(a) the rebroadcasting of their broadcasts;

(b) the fixation of their broadcasts;

(c) the reproduction:

(i) of fixations, made without their consent, of their broadcasts;

(ii) of fixations, made in accordance with the provisions of Article 15, of their broadcasts, if the reproduction is made for purposes different from those referred to in those provisions;

(d) the communication to the public of their television broadcasts if such communication is made in places accessible to the public against payment of an entrance fee; it shall be a matter for the domestic law of the State where protection of this right is claimed to determine the conditions under which it may be exercised.

Article 14

The term of protection to be granted under this Convention shall last at least until the end of a period of twenty years computed from the end of the year in which:

(a) the fixation was made-for phonograms and for performances incorporated therein;

(b) the performance took place-for performances not incorporated in phonograms;

(c) the broadcast took place-for broadcasts.

Article 15

1.Any Contracting State may, in its domestic laws and regulations, provide for exceptions to the protection guaranteed by this Convention as regards:

(a) private use;

(b) use of short excerpts in connexion with the reporting of current events;

(c) ephemeral fixation by a broadcasting organization by means of its own facilities and for its own broadcasts;

(d) use solely for the purposes of teaching or scientific research.

2.Irrespective of paragraph I of this Article, any Contracting State may, in its domestic laws and regulations, provide for the same kinds of limitations with regard to the protection of performers, producers of phonograms and broadcasting organizations, as it provides for, in its domestic laws and regulations, in connexion with the protection of copyright in literary and artistic works. However, compulsory licences may be provided for only to the extent to which they are compatible with this Convention.

Article 16

1.Any State, upon becoming party to this Convention, shall be bound by all the obligations and shall enjoy all the benefits thereof. However, a State may at any time, in a notification deposited with the Secretary-General of the United Nations, declare that:

(a) as regards Article 12:

(i) it will not apply the provisions of that Article;

(ii) it will not apply the provisions of that Article in respect of certain uses;

(iii) as regards phonograms the producer of which is not a national of another Contracting State, it will not apply that Article;

(iv) as regards phonograms the producer of which is a national of another Contracting State, it will limit the protection provided for by that Article 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 State making the declaration; however, the fact that the Contracting State of which the producer is a national does not grant the protection to the same beneficiary or beneficiaries as the State making the declaration shall not be considered as a difference in the extent of the protection;

(b) as regards Article 13, it will not apply item (d) of that Article; if a Contracting State makes such a declaration, the other Contracting States shall not be obliged to grant the right referred to in Article 13, item (d), to broadcasting organizations whose headquarters are in' that State.

2.If the notification referred to in paragraph 1 of this Article is made after the date of the deposit of the instrument of ratification, acceptance or accession, the declaration will become effective six months after it has been deposited.

Article 17

Any State which, on October 26, 1961, grants protection to producers of phonograms solely on the basis of the criterion of fixation may, by a notification deposited with the Secretary-General of the United Nations at the time of ratification, acceptance or accession, declare that it will apply, for the purposes of Article 5, the criterion of fixation alone and, for the purposes of paragraph 1 (a) (iii) and (iv) of Article 16, the criterion of fixation instead of the criterion of nationality.

Article 18

Any State which has deposited a notification under paragraph 3 of Article 5, paragraph 2 of Article 6, paragraph 1 of Article 16 or Article 17, may, by a further notification deposited with the Secretary-General of the United Nations, reduce its scope or withdraw it.

Article 19

Notwithstanding anything in this Convention, once a performer has consented to the incorporation of his performance in a visual or audio-visual fixation, Article 7 shall have no further application.

Article 20

1.This Convention shall not prejudice rights acquired in any Contracting State before the date of coming into force of this Convention for that State.

2.No Contracting State shall be bound to apply the provisions of this Convention to performances or broadcasts which took place, or to phonograms which were fixed, before the date of coming into force of this Convention for that State.

Article 21

The protection provided for in this Convention shall not prejudice any protection otherwise secured to performers, producers of phonograms and broadcasting organizations.

Article 22

Contracting States reserve the right to enter into special agreements among themselves in so far as such agreements grant to performers, producers of phonograms or broadcasting organizations more extensive rights than those granted by this Convention or contain other provisions not contrary to this Convention.

Article 23

This Convention shall be deposited with the Secretary-General of the United Nations. It shall be open until June 30, 1962 for signature by any State invited to the Diplomatic Conference on the International Protection of Performers, Producers of Phonograms and Broadcasting Organizations which is a party to the Universal Copyright Convention or a member of the International Union for the Protection of Literary and Artistic Works.

Article 24

1. This Convention shall be subject to ratification or acceptance by the signatory States.

2. This Convention shall be open for accession by any State invited to the Conference referred to in Article 23, and by any State Member of the United Nations, provided that in either case such State is a party to the Universal Copyright Convention or a member of the International Union for the Protection of Literary and Artistic Works.

3. Ratification, acceptance or accession shall be effected by the deposit of an instrument to that effect with the Secretary-General of the United Nations.

Article 25

1. This Convention shall come into force three months after the date of deposit of the sixth instrument of ratification, acceptance or accession.

2. Subsequently, this Convention shall come into force in respect of each State three months after the date of deposit of its instrument of ratification, acceptance or accession.

Article 26

1. Each Contracting State undertakes to adopt, in accordance with its Consti-tution, the measures necessary to ensure the application of this Convention.

2. At the time of deposit of its instrument of ratification, acceptance or accession, each State must be in a position under its domestic law to give effect to the terms of this Convention.

Article 27

1. Any State may, at the time of ratification, acceptance or accession, or at any time thereafter, declare by notification addressed to the Secretary-General of the United Nations that this Convention shall extend to all or any of the territories for whose international relations it is responsible, provided that the Universal Copyright Convention or the International Convention for the Protection of Literary and Artistic Works applies to the territory or territories concerned. This notification shall take effect three months after the date of its receipt.

2. The notifications referred to in paragraph 3 of Article 5, paragraph 2 of Article 6, paragraph 2 of Article 16 and Articles 17 and 18, may be extended to cover all or any of the territories referred to in paragraph 1 of this Article.

Article 28

1. Any Contracting State may denounce this Convention, on its own behalf, or on behalf of all or any of the territories referred to in Article 27.

2. The denunciation shall be effected by a notification addressed to the Secretary-General of the United Nations and shall take effect twelve months after the date of receipt of the notification.

3. The right of denunciation shall not be exercised by a Contracting State before the expiry of a period of five years from the date on which the Convention came into force with respect to that State.

4. A Contracting State shall cease to be a party to this Convention from that time when it is neither a party to the Universal Copyright Convention nor a member of the International Union for the Protection of Literary and Artistic Works.

5. This Convention shall cease to apply to any territory referred to in Article 27 from that time when neither the Universal Copyright Convention nor the International Convention for the Protection of Literary and Artistic Works applies to that territory.

Article 29

1. After this Convention has been in force for five years, any Contracting State may, by notification addressed to the Secretary-General of the United Nations, request that a conference be convened for the purpose of revising the Convention. The Secretary-General shall notify all Contracting States of this request. If, within a period of six months following the date of notification by the Secretary-General of the United Nations, not less than one half of the Contracting States notify him of their concurrence with the request, the Secretary-General shall inform the Director-General of the International Labour Office, the Director-General of the United Nations Educational, Scientific and Cultural Organization and the Director of the Bureau of the International Union for the Protection of Literary and Artistic Works, who shall convene a revision conference in co-operation with the Intergovernmental Committee provided for in Article 32.

2. The adoption of any revision of this Convention shall require an affirmative vote by two-thirds of the States attending the revision conference, provided that this majority includes two-thirds of the States which, at the time of the revision conference, are parties to the Convention.

3. In the event of adoption of a Convention revising this Convention in whole or in part, and unless the revising Convention provides otherwise:

(a) this Convention shall cease to be open to ratification, acceptance or accession as from the date of entry into force of the revising Convention;

(b) this Convention shall remain in force as regards relations between or with Contracting States which have not become parties to the revising Convention.

Article 30

Any dispute which may arise between two or more Contracting States concerning the interpretation or application of this Convention and which is not settled by negotiation shall, at the request of any one of the parties to the dispute, be referred to the International Court of Justice for decision, unless they agree to another mode of settlement.

Article 31

Without prejudice to the provisions of paragraph 3 of Article 5, paragraph 2 of Article 6, paragraph 1 of Article 16 and Article 17, no reservation may be made to this Convention.

Article 32

1.An Intergovernmental Committee is hereby established with the following duties :

(a) to study questions concerning the application and operation of this Convention; and

(b) to collect proposals and to prepare documentation for possible revision of this Convention.

2.The Committee shall consist of representatives of the Contracting States, chosen with due regard to equitable geographical distribution. The number of members shall be six if there are twelve Contracting States or less, nine if there are thirteen to eighteen Contracting States and twelve if there are more than eighteen Contracting States.

3.The Committee shall be constituted twelve months after the Convention comes into force by an election organized among the Contracting States, each of which shall have one vote, by the Director-General of the International Labour Office, the Director-General of the United Nations Educational, Scientific and Cultural Organization and the Director -of the Bureau of the International Union for the Protection of Literary and Artistic Works, in accordance with rules previously approved by a majority of all Contracting States.

4.The Committee shall elect its Chairman and officers. It shall establish its own rules of procedure. These rules shall in particular provide for the future operation of the Committee and for a method of selecting its members for the future in such a way as to ensure rotation among the various Contracting States.

5.Officials of the International Labour Office, the United Nations Educa-tional, Scientific and Cultural Organization and the Bureau of the International Union for the Protection of Literary and Artistic Works, designated by the Directors General and the Director thereof, shall constitute the Secretariat of the Committee.

6.Meetings of the Committee, which shall be convened whenever a majority of its members deems it necessary, shall be held successively at the headquarters of the International Labour Office, the United Nations Educational, Scientific and Cultural Organization and the Bureau of the International Union for the Protection of Literary and Artistic Works.

7.Expenses of members of the Committee shall be borne by their respective Governments.

Article 33

1. The present Convention is drawn up in English, French and Spanish, the three texts being equally authentic.

2. In addition, official texts of the present Convention shall be drawn up in German, Italian and Portuguese.

Article 34

1.The Secretary-General of the United Nations shall notify the States invited to the Conference referred to in Article 23 and every State Member of the United Nations, as well as the Director-General of the International Labour Office, the Director-General of the United Nations Educational, Scientific and Cultural Organization and the Director of the Bureau of the International Union for the Protection of Literary and Artistic Works:

(a) of the deposit of each instrument of ratification, acceptance or accession;

(b) of the date of entry into force of the Convention;

(c) of all notifications, declarations or communications provided for in this Convention;

(d) if any of the situations referred to in paragraphs 4 and 5 of Article 28 arise.

2.The Secretary-General of the United Nations shall also notify the Director General of the International Labour Office, the Director-General of the United Nations Educational, Scientific and Cultural Organization and the Director of the Bureau of the International Union for the Protection of Literary and Artistic Works of the requests communicated to him in accordance with Article 29, as well as of any communication received from the Contracting States concerning the revision of the Convention.


IN FAITH WHEREOF, the undersigned, being duly authorized thereto, have signed this Convention.

Done at Rome, this twenty-sixth day of October 1961, in a single copy in the English, French and Spanish languages. Certified true copies shall be delivered by the Secretary-General of the United Nations to all the States invited to the Conference referred to in Article 23 and to every State Member of the United Nations, as well as to the Director-General of the International Labour Office, the Director-General of the United Nations Educational, Scientific and' Cultural Organization and the Director of the Bureau of the International Union for the Protection of Literary and Artistic Works.

Depositary :

United Nations

Opened for Signature :

From 26 October 1961 to 30 June 1962.

The Convention has been signed by the following States:

Argentina 26 October 1961
Austria 26 October 1961
Belgium 26 October 1961
Bosnia-Herzegovina *12 January 1994
Brazil 26 October 1961
Cambodia 26 October 1961
Chile 26 October 1961
Denmark 26 October 1961
Ecuador 26 June 1962
Finland 21 June 1962
France 26 October 1961
Germany 26 October 1961
Holy See 26 October 1961
Iceland 26 October 1961
India 26 October 1961
Ireland 30 June 1962
Israel 7 February 1962
Italy 26 October 1961
Lebanon 26 June 1962
Mexico 26 October 1961
Monaco 22 June 1962
Paraguay 30 June 1962
Serbia and Montenegro *12 March 2001
Spain 26 October 1961
Sweden 26 October 1961
United Kingdom 26 October 1961

* succession to signature

Entry into force :

18 May 1964, in accordance with Article 25

Authoritative texts :

English, French and Spanish

Registration at the UN :

18 May 1964, No. 7247

States Parties

List in alphabetical order
List in chronological order

Declarations and Reservations :


Algeria
Reservations :
Article 5
In accordance with article 5, paragraph 3 of the Convention, the Government of the People's Democratic Republic of Algeria declares that it will not apply the criterion of publication provided for in paragraph 1 (c) of that Article;
Article 6
In accordance with article 6, paragraph 2 of the Convention, the Government of the People's Democratic Republic of Algeria 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;
Article 12
In accordance with article 16 on reservations and in respect of article 12 of the Convention, the Government of the People's Democratic Republic of Algeria specifies that it will not apply the provisions of that Article as regards phonograms the producer of which is not a national of a Contracting State;
In addition, the Government also specifies that, as regards phonograms the producer of which is a national of another Contracting State, it will limit the protection provided for by that Article 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 State making the declaration; however, the fact that the Contracting State of which the producer is a national does not grant the protection to the same beneficiary or beneficiaries as the State making the declaration shall not be considered as a difference in the extent of the protection.

Australia
Declarations:
"Australia, pursuant to article 5 (3), will not apply the criterion of publication;
Australia, pursuant to article 6 (2), 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;
Australia, pursuant to article 16 (1) (a), will not, as regards article 12, apply the provision of that article; and
Australia, pursuant to article 16 (1) (b), will not, as regards article 13, apply item (d) of that article."

Austria
1. In accordance with article 16, paragraph 1 (a) (iii), of the Convention, Austria will not apply the provisions of article 12 in respect of phonograms the producer of which is not a national of a Contracting State;
2. In accordance with article 16, paragraph 1 (a) (iv), of the Convention, [. . .], as regards phonograms the producer of which is a national of another Contracting State, Austria 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 an Austrian national;
3. In accordance with article 16, paragraph 1 (b), of the Convention, Austria will not apply article 13 (d).

Belarus
Reservations:
The Republic of Belarus in accordance with:
Article 5(3) of the Convention will not apply the criterion of fixation provided for by Article 5(l)(b) of the convention;
Article 6(2) of the Convention 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;
Article 16(l)(a)(iii) of the Convention as regards phonograms the producer of which is not a national of another Contracting State will not apply Article 12 of the Convention;
Article 16(1)(a)(iv) of the Convention as regards phonograms the producer of which is a national of another Contracting State 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 national of the Republic of Belarus.

Belgium
Declarations:
1. Pursuant to article 5, paragraph 3, of the Rome Convention, Belgium will not apply the criterion of publication;
2. Pursuant to article 6, paragraph 2, of the Rome Convention, Belgium 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;
3. Pursuant to article 16, paragraph 1 (a) (iii), of the Rome Convention, Belgium will not apply the provisions of article 12 in respect of phonograms the producer of which is not a national of a Contracting State;
4. Pursuant to article 16, paragraph 1 (a) (iv), of the Rome Convention, as regards phonograms the producer of which is a national of another Contracting State, Belgium will limit the protection provided for by that article 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 State making the declaration; however, the fact that the Contracting State of which the producer is a national does not grant the protection to the same beneficiary or beneficiaries as the State making the declaration shall not be considered as a difference in the extent of the protection.

Bulgaria
Declarations:
1. 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.
2. 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.

Canada
Declarations:
"1. In respect of article 5 (1) (b) and pursuant to article 5 (3) of the Convention, as regards the Right of Reproduction for Phonogram Producers (art. 10), Canada will not apply criterion of fixation.
2. In respect of article 5 (1) (c) and pursuant to article 5 (3) of the Convention, as regards the Secondary Users of Phonograms (art. 12), Canada will not apply criterion of publication.
3. In respect of article 6 (1) and pursuant to article 6 (2) of the Convention, Canada 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.
4. In respect of article 12 and pursuant to article 16 (1) (a) (iv) of the Convention, as regards phonograms the producer of which is a national of another Contracting State, Canada 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 Canada."

Congo
In a communication received on 16 May 1964, the Government of the Congo has notified the Secretary-General that it has decided to make its accession subject to the following declarations:
(1) Article 5, paragraph 3: the "criterion of publication" is excluded;
(2) Article 16: the application of article 12 is completely excluded.

Croatia
Declarations:
"1) that [the Republic of Croatia] shall not apply, pursuant to para 3, Article 5 of the Convention, the criterion of the first fixation, but the criterion of publication of phonograms,
2) that [the Republic of Croatia] shall not apply, pursuant to subpara a) iii), para 1, Article 16 of the Convention, provisions of Article 12 as to phonograms whose producer is not a national of another Contracting State,
3) that [the Republic of Croatia] shall limit the protection provided for in Article 12 of the Convention, pursuant to subpara a) iv), para 1, Article 16, as to phonograms whose producer is a national of another Contracting State, to the extent to which and to the term for which the Contracting State grants protection to phonograms first fixed by a national from the Republic of Croatia."

Czech Republic
Czechoslovakia had acceded to the Convention on 13 May 1964, with reservations. For the text of the reservations, see United Nations, Treaty Series.

Denmark
"1) 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.
"2) With regard to article 16, paragraph 1 (a) (ii): The provisions of article 12 will be applied solely with respect to broadcasting as well as any other communication to the public which is carried out for profit-making purposes.
"3) 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.
"4) 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."
Declarations made in accordance with articles 5(3) and 17 of the Convention:
"With regard to Article 5, paragraph 3, of the Convention, Denmark will not apply the criterion of publication in Article 5, paragraph 1 (c).
With regard to Article 17 of the Convention, the government of Denmark hereby withdraws its notification concerning the sole application of the criterion of fixation in relation to the protection of phonogram producers. This withdrawal of the notification shall take effect as of the same date as the notification pursuant to Article 5, paragraph 3, becomes effective."

Estonia
On 9 April 2003, the Government of Estonia notified the Secretary-General that it had decided to withdraw its declaration made upon accession pursuant to article 16, paragraph 1 (a)(i). The text of the declaration reads as follows:
"3. Pursuant to Article 16, paragraph 1 (a) (i) the Republic of Estonia declares that it will not apply the provisions of Article 12."
Declarations:
"1. Pursuant to Article 5, paragraph 3 of the Convention the Republic of Estonia declares that it will not apply the criterion of publication;
2. Pursuant to Article 6, paragraph 2 of the Convention the Republic of Estonia declares that it 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; "
9 April 2003
Declaration:
"....that Republic of Estonia applies instead Article 16, paragraph I (a) (iv) of the Convention pursuant to which, as regards Article 12 of the Convention in connection with phonograms the producer of which is a national of another Contracting State, the Republic of Estonia will limit the protection provided for by Article 12 to the extent to which, and to the term for which, that Contracting State grants protection to phonograms first fixed by a national of the Republic of Estonia; however, the fact that the Contracting State of which the producer is a national does not grant the protection to the same beneficiary or beneficiaries as the Republic of Estonia shall not be considered as a difference in the extent of the protection".

Fiji
"(1) 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;
"(2) 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;
"(3) In respect of article 12 and in accordance with article 16 (1) of the Convention,
"(a) Fiji will not apply the provisions of Article 12 in respect of the following uses:
"(i) The causing of a phonogram to be heard in public at premises where persons reside or sleep, as part of the amenities provided exclusively or mainly for residents or inmates therein except where a special charge is made for admission to the part of the premises where the phonogram is to be heard;
"(ii) The causing of a phonogram to be heard in public 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, except where a charge is made for admission to the place where the phonogram is to be heard, and any of the proceeds of the charge are applied otherwise than for the purpose of the organisation;
"(b) As regards phonograms the producer of which is not a national of another Contracting State or as regards phonograms the producer of which is a national of a Contracting State which has made a declaration under Article 16 (1) (a) (i) stating that it will not apply the provisions of Article 12, Fiji will not grant the protection provided for by Article 12, unless, in either event, the phonogram has been first published in a Contracting State which has made no such declaration."
Communication received on 12 June 1972:
"The Government of Fiji, having reconsidered the said Convention hereby withdraws its declaration in respect of certain provisions of article 12 and in substitution thereof declares in accordance with article 16 (1) of the said Convention that Fiji will not apply the provisions of article 12".

Finland
On 10 February 1994, the Government of Finland notified the Secretary-General of its decision to withdraw the reservations to article 6 (2) and 16 (1)(b), and to amend, reducing in scope, the reservation with regard to article 16 (1)(a)(ii) made upon ratification. For the text of the reservations made upon ratification, see United Nations, Treaty Series, vol. 1324, p. 380.
Reservations:
"1. ...
2. Article 16, paragraph 1 (a) (i)
The provisions of article 12 will not be applied with respect to phonograms acquired by a broadcasting organisation be fore 1 September 1961.
3. Article 16, paragraph 1 (a) (ii)
The provisions of article 12 will be applied solely with respect to broadcasting as well as to any other communication to the public which is carried out for profit-making purposes.
4. 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.
5 ...
6. Article 17
Finland will apply, for the purposes 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."

France
Article 5
The Government of the French Republic declares, in conformity with article 5, paragraph 3 of the Convention, concerning the protection of phonograms, that it rejects the criterion of first publication in favour of the criterion of first fixation.
Article 12
The Government of the French Republic declares, first, that it will not apply the provisions of this article to all phonograms the producer of which is not a national of a Contracting State, in conformity with the provisions of article 16, paragraph 1 (a) (iii) of this Convention.
Secondly, the Government of the French Republic declares that, with regard to phonograms the producer of which is a national of another Contracting State, it will limit the extent and duration of the protection provided in this article (article 12), to those which the latter Contracting State grants to phonograms first fixed by French nationals.
29 June 1987
The Government of France specifies that it understands the expression "International Court of Justice", in article 30 of the Convention, as covering not only the Court itself but also a chamber of the Court.

Germany (Fed. Rep.)
"The Federal Republic of Germany makes use of the following reservations provided for in article 5, paragraph 3, and article 16, paragraph 1 a (iv) of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organisations:
"1) 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;
"2) 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."

Iceland
Declarations:
Iceland, pursuant to article 5, paragraph 3, will not apply the criterion of fixation.
Iceland, pursuant to article 6, paragraph 2, will protect broadcasts only if the headquarters of the broadcasting organisation is situated in another Contracting State and if the broadcast was transmitted from a transmitter situated in the same Contracting State.
Iceland, pursuant to article 16, paragraph 1 (a) (i), will not apply article 12 with respect to the use of phonograms published before 1 September 1961.
Iceland, pursuant to article 16, paragraph 1 (a) (ii), will apply article 12 solely with respect to use for broadcasting or for any other communication to the public for commercial purposes.
Iceland, pursuant to article 16, paragraph 1 (a) (iii), will not apply article 12 as regards phonograms the producer of which is not a national of another Contracting State.
Iceland, pursuant to article 16, paragraph 1 (a) (iv), will, as regards phonograms the producer of which is a national of another Contracting State, limit the protection provided for in article 12 to the extent to which, and to the term for which, the latter State grants protection to phonograms first fixed in Iceland.

Ireland
"(1) 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;
"(2) 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;
"(3) 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."

Israel
Declarations:
"1. Pursuant to Article 5(3) of the Convention, Israel shall not apply the criterion of fixation, as set forth in Article 5(l) (b).
2. 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.
3. 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.
4. 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.
5. Pursuant to Article 16(1)(b) of the Convention, Israel will not apply Article 13(d) of the Convention."

Italy
(1) With regard to article 6, paragraph 1, and in accordance with article 6, paragraph 2, of the Convention: Italy 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;
(2) With regard to article 12 and in accordance with article 16, paragraph 1 (a), of the Convention:
(a) Italy will apply the provisions of article 12 to use for broadcasting or for any other communication to the public for commercial purposes, with the exception of cinematography;
(b) It will apply the provisions of article 12 only to phonograms fixed in another Contracting State;
(c) With regard to phonograms fixed in another Contracting State, it will limit the protection provided for by article 12 to the extent to which, and to the term for which, that Contracting State grants protection to phonograms first fixed in Italy; however, if that State does not grant the protection to the same beneficiary or beneficiaries as Italy, that fact will not be considered as a difference in the extent of the protection.
(3) With regard to article 13 and in accordance with article 16, paragraph 1 (b), of the Convention: Italy will not apply the provisions of article 13 (d);
(4) With regard to article 5 and in accordance with article 17 of the Convention, Italy will apply only the criterion of fixation for the purposes of article 5; the same criterion, instead of the criterion of nationality, will be applied for the purposes of the declarations provided for in article 16, paragraph 1 (a) (iii) and (iv), of the Convention.

Japan
Declaration:
"(1) 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,
"(2) 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,
"(3) Pursuant to article 16, paragraph 1 (a) (iv) of the Convention,
(i) As regards phonograms the producer of which is a national of a Contracting State which has made a declaration under article 16, paragraph 1 (a) (i) of the Convention stating that it will not apply the provisions of article 12 of the Convention, the Government of Japan will not grant the protection provided for by the provisions of article 12 of the Convention.
(ii) As regards phonograms the producer of which is a national of another Contracting State which applies the provisions of article 12 of the Convention, the Government of Japan will limit the term of the protection provided for by the provisions of article 12 of the Convention to the term for which that State grants protection to phonograms first fixed by a Japanese national."

Lesotho
Reservations:
"Pursuant to article 12 of the said Convention, the Government of the Kingdom of Lesotho declares that the provisions of this article will not apply in respect of broadcasts made for non-profit making purposes or where communication to the public in public places is not the result of a purely commercial activity;
With regard to article 13:
". . . [The Kingdom of Lesotho] does not consider itself bound by the provisions of item (d)."

Latvia
Declaration:
"In accordance with paragraph 1 of article 16 of the [Convention], the Republic of Latvia declares that it will not apply article 12 of the Convention on phonograms the producer of which is not a national of another Contracting State."

Liechtenstein
Reservation to Article 5:
"The Principality of Liechtenstein declares, in accordance with article 5, paragraph 3 of the Convention, that it rejects the criterion of first fixation. It will therefore apply the criterion of first publication.
Reservations to Article 12:
In accordance with the provisions of article 16, paragraph 1 of the Convention, the Principality of Liechtenstein declares that it will not apply the provisions of article 12 as regards phonograms the producer of which is not a national of another Contracting State.
The Principality of Liechtenstein also declares, as regards phonograms the producer of which is a national of another Contracting State, that 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 of phonograms first fixed by a Liechtenstein national, in accordance with the provisions of article 16, paragraph 1 (a) (iv) of the Convention."

Lithuania
Reservation:
"In accordance with sub-paragraph (a)(iii) of paragraph 1 of article 16 of the [...] Convention, the Republic of Lithuania declares that as regards phonograms the producer of which is not a national or a legal person of another Contracting State, it will not apply the provisions of article 12 of the above-mentioned Convention."

Luxembourg
1. With regard to the protection of producers of phonograms, Luxembourg will not apply the criterion of publication but only the criteria of nationality and fixation, in accordance with article 5, paragraph 3, of the Convention.
2. With regard to the protection of phonograms, in accordance with article 16, paragraph 1 (a) (i), of the Convention, Luxembourg will not apply any of the provisions of article 12.
3. With regard to broadcasting organizations, in accordance with article 16, paragraph 1 (b), of the Convention, Luxembourg will not apply the protection envisaged in article 13 (d) against communication to the public of their television broad casts.

Monaco
Reservations:
1. With regard to the protection of producers of phonograms, Monaco will not apply the criterion of publication but only the criteria of nationality and fixation, in accordance with article 5, paragraph 3.
2. With regard to broadcasting organizations, in accordance with article 16, paragraph 1 (a) (i), Monaco will not apply any of the provisions of article 12.
3. With regard to broadcasting organizations, in accordance with article 16, paragraph 1 (b), Monaco will not apply the provisions of article 13 (d) concerning protection against communication to the public of television broadcasts.

Netherlands
Reservation:
"The said Convention shall be observed subject to the following reservations, provided for in article 16, paragraph [1], (a) (iii) and (iv), of the Convention:
- The Kingdom of the Netherlands will not apply article 12 to phonograms the producer of which is 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."

Niger
Declarations:
(1) Article 5, paragraph 3: the "criterion of publication" is excluded;
(2) Article 16: the application of article 12 is completely excluded.

Nigeria
Declarations:
1. 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).
2. 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.
3. With regard to article 16, paragraph 1 (a):
i) The provisions of article 12 will not be applied in case of communication to the public of phonograms (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 phonogram is to be heard or (b) as part of the activities of, or for the benefit of a club, society or other organization 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 phonogram is to be heard and any of the proceeds of the charge are applied otherwise than for the purpose of the organization;
ii) The provisions of article 12 will not apply as regards phonograms the producer of which is not a national of another Contracting State; and
iii) As regards phonograms the producer of which is a national of another Contracting State, the Federal Republic of Nigeria will limit the protection provided for in article 12 to the extent to which, and to the term for which, that Contracting State grants protection to phonograms first fixed by nationals of the Federal Republic of Nigeria.

Norway
In a communication received on 30 June 1989, the Government of Norway notified the Secretary-General of its decision to substitute a new reservation for the one made to the said Convention upon accession. The text of the reservation so withdrawn reads as follows:
"(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."
Further, on 15 July 2002, the Government of Norway informed the Secretary-General of the following:
...the Government of Norway hereby withdraws the following reservation:
"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."
Reservations:
"b) 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.
"c) 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.
"d) 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."
Declaration:
"The Norwegian Act of 14 December 1956 concerning a Levy on the Public Presentation of Recordings of Artists' Performances, etc., establishes rules for the disbursement of that levy to producers and performers of phonograms.
"A portion of the annual revenue from the levy devolves, as of rights, to producers of phonograms as a group, without distinction as to nationality, in remuneration for the public use of phonograms.
"Under the terms of the Act, contributions from the levy may be made to Norwegian performing artists and their survivors on the basis of individual needs. This benevolent arrangement falls entirely outside the scope of the Convention.
"The régime established by the said Act, being fully consistent with the requirements of the Convention, will be maintained."

Poland
Declarations:
1. As regards article 5, paragraph 3:
The Republic of Poland will not apply the criterion of publication.
2. As regards article 6, paragraph 2:
The Republic of Poland 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.
3. As regards article 16, paragraph 1 item (a)(i), (iii) and (iv); the Republic of Poland:
(i) With regard to broadcasters - will not apply the provisions of article 12 of the Convention in respect of the uses of a published phonogram referred to therein,
(iii) With regard to schools - will not apply the provisions of article 12 of the Convention as regards phonograms the producer of which is not a national of another Contracting State,
(iv) With regard to schools - will not apply the provisions of article 12 of the Convention as regards phonograms the producer of which is a national of another Contracting State; the extent and term of protection provided for by this article shall be limited to the extent and period of protection granted by this Contracting State to phonograms first fixed by a national of the Republic of Poland.
4. As regards article 16 paragraph 1 item (b), the Republic of Poland will not apply the provisions of item (d) of article 13 of the Convention so as to exclude the rights of broadcasting organisations in respect of the communication of their broadcasts made in places accessible to the public against payment of an entrance fee.

Republic of Moldova
Reservations:
1. In accordance with article 5, paragraph 3, the Republic of Moldova declares that it will not apply the criteria of fixation under article 5, paragraph 1 (b).
2. 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.
3. With reference to article 16, paragraph 1 (a), the Republic of Moldova declares that:
a) It will not apply the provisions of article 12 in the case of communications to the public of phonograms as part of the activities or for the benefit of a club, society or other organization which has been established or is being administered on a non-commercial basis, the purpose of which, generally speaking, is charitable or concerned with the advancement of education, the promotion of the public good and the dissemination of religion, unless a charge is made for admission to the part of the premises where the phonogram is to be heard and any of profit thus obtained is used for purposes which differ from those of the organization;
b) It will not apply the provisions of article 12 as regards phonograms the producer of which is not a national of another Contracting State;
c) It will limit the protection stipulated in article 12 for phonograms the producer of which is a national of another Contracting State to the extent to which and as long as that Contracting State grants protection to phonograms which were originally fixed by a national of the Republic of Moldova.

Romania
Reservation:
1. With regard to article 5, paragraph 3, Romania declares that it will not apply the criterion of fixation.
2. With regard to article 6, paragraph 2, Romania declares that it will protect radio and television 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 that same Contracting State.
3. With reference to article 16, paragraph 1 (a) (iii) and (iv):
(iii) Romania will not apply any of the provisions of article 12, as regards phonograms the producer of which is not a national of another Contracting State.
(iv) For the producers of phonograms who are nationals of another Contracting State, the scope and length of the protection provided for in article 12 shall be limited to the extent to which and as long as that Contracting State grants protection to phonograms which were originally fixed by a national of Romania.

Russian Federation
Declaration:
The Russian Federation:
1. 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, paragraph 1 (b) of the Convention; 2. Pursuant to 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 contracting State;
3. 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.

Saint Lucia
Declarations:
"The Government of Saint Lucia declares that as regards article 5 it will not apply the criterion of publication contained in article 5 (1) (c).
The Government of Saint Lucia declares that as regards article 12 it will not apply that article in relation to phonograms the producer of which is not a national of another Contracting State."

Slovakia
Czechoslovakia had acceded to the Convention on 13 May 1964, with reservations. For the text of the reservations, see United Nations, Treaty Series, vol. 496, p. 96. See also note 1 under "Czech Republic" and note 1 under "Slovakia" in the "Historical Information" section in the front matter of this volume.

Slovenia
Reservations:
1. "In respect of article 5, paragraph 1 (c) and in accordance with article 5, paragraph 3 of the Convention, the Republic of Slovenia will not apply the criterion of publication;
2. In accordance with article 16, paragraph 1 (a) (I) of the Convention, the Republic of Slovenia will not apply the provisions of article 12 until 1 January 1998."

Spain
Declarations:
Article 5
[The Government of Spain] will not apply the criterion of first publication and will apply instead the criterion of first fixation.
Article 6
[The Government of Spain] 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.
Article 16
Firstly [the Government of Spain] will not apply the provisions of article 12 as regards phonograms the producer of which is not a national of a Contracting State.
Secondly, the Spanish Government, as regards phonograms the producer of which is a national of another Contracting State, will limit the scope and duration of the protection provided in article 12 to the extent to which that latter Contracting State grants protection to phonograms first fixed by nationals of Spain, in conformity with the provisions of article 16, paragraph 1 (a) (iv) of the Convention.

Syrian Arab Republic
Declaration (Original : Arabic) :
"The accession of the Syrian Arab Republic to this Convention shall in no way imply its recognition of Israel or entail its entry into any dealings with Israel under the provisions thereof."

Sweden
With regard to the said declarations, the Secretary-General received from the Government of Sweden on 27 June 1986, the following notification:
"With application of article 18 of the Convention, a notification notifying its withdrawal or amendment of the notifications deposited with the instrument of ratification on July 13, 1962, as follows:
1. The notification relating to article 6, paragraph 2, is with drawn.
2. 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.
3. 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.
The withdrawals and amendments take effect on July 1, 1986."
Subsequently, on 1 December 1995, the Secretary-General received from the Government of Sweden, the following notification:
"With application of article 18 of the Convention Sweden withdraws or amends the notifications deposited with the instrument of ratification on 13 July 1962, as follows:
1. The notification under article 16 (1) (a) (ii), amended by the notification of 26 June 1986, to the effect that Sweden will apply article 12 only to broadcasting and such communication to the public which is carried out for commercial purposes is withdrawn with immediate effect.
2. The notification under article 16(1)(b) to the effect that Sweden will apply article 13 (d) only to communication to the public of television broadcasts in a cinema or similar place is withdrawn with immediate effect."
For the text of the declarations so withdrawn and the unamended declarations, see United Nations, Treaty Series, vol. 496, p. 94.

(a) . . .
(b) . . .
(c) With regard to article 16, paragraph 1, sub-paragraph (a) (iv);
(d) . . .
(e) . . .

Switzerland
Reservations:
Ad article 5
The Swiss Government declares, in accordance with article 5, paragraph 3 of the Convention, that it rejects the criterion of first fixation. It will therefore apply the criterion of first publication.
Ad article 12
In accordance with the provisions of article 16, paragraph 1 of the Convention, the Swiss Government declares that it will not apply the provisions of article 12 as regards phonograms the producer of which is not a national of another Contracting State.
The Swiss Government also declares, as regards phonograms the producer of which is a national of another Contracting State, that 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 Swiss national, in accordance with the provisions of article 16, paragraph 1 (a) (iv) of the Convention.

The Former Yugoslav Republic of Macedonia
Reservations:
"1. 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).
2. 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."

United Kingdom of Great Britain and Northern Ireland
"(1) 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;
"(2) 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;
"(3) In respect of article 12 and in accordance with article 16 (1) of the Convention,
"(a) The United Kingdom will not apply the provisions of article 12 in respect of the following uses:
"(i) The causing of a phonogram to be heard in public at any premises where persons reside or sleep, as part of the amenities provided exclusively or mainly for residents or inmates therein except where a special charge is made for admission to the part of the premises where the phonogram is to be heard.
"(ii) The causing of a phonogram to be heard in public 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, except where a charge is made for admission to the place where the phonogram is to be heard, and any of the proceeds of the charge are applied otherwise than for the purposes of the organisation.
"(b) As regards phonograms the producer of which is not a national of another Contracting State or as regards phonograms the producer of which is a national of a Contracting State which has made a declaration under article 16 (1) (a) (i) stating that it will not apply the provisions of article 12, the United Kingdom will not grant the protection provided for by article 12, unless, in either event, the phonogram has been first published in a Contracting State which has made no such declaration."

Viet Nam
Declaration :
"The Socialist Republic of Vietnam, pursuant to Article 16(1) of that Convention, declares that the Socialist Republic of Vietnam does not consider itself bound by the provisions of Article 12 and item (d) of Article 13 of that Convention." [Original: English]

Territorial Application :

Notification by Date of receipt of notification Extension to
United Kingdom 20 December 1966 Gibraltar
-10 March 1970 Bermuda
-28 April 1999 Isle of Man


 

Print Send  

UNESCO ORGANIZATION
Office of International Standards and Legal Affairs
  • Mission
  • Who´s who?

  •  

      UNESCO.ORG
    Disclaimer - Privacy Policy - guest (Read) - ID: 13645