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

Done at Rome on 26 October 1961

Argentina 26 Oct 1961 2 Dec 1991

Austria 26 Oct 1961 9 Mar 1973

Belgium 26 Oct 1961

Brazil 26 Oct 1961 29 Jun 1965

Cambodia 26 Oct 1961

Chile 26 Oct 1961 5 Jun 1974

Denmark 26 Oct 1961 23 Jun 1965

Ecuador 26 Jun 1962 19 Dec 1963

Finland 21 Jun 1962 21 Jul 1983

France 26 Oct 1961 3 Apr 1987

Germany2, 3 26 Oct 1961 21 Jul 1966

Holy See 26 Oct 1961

Iceland 26 Oct 1961 15 Mar 1994

India 26 Oct 1961

Ireland 30 Jun 1962 19 Jun 1979

Israel 7 Feb 1962

Italy 26 Oct 1961 8 Jan 1975

Lebanon 26 Jun 1962 12 May 1997

Mexico 26 Oct 1961 17 Feb 1964

Monaco 22 Jun 1962 6 Sep 1985

Paraguay 30 Jun 1962 26 Nov 1969

Spain 26 Oct 1961 14 Aug 1991

Sweden 26 Oct 1961 13 Jul 1962

United Kingdom 26 Oct 1961 30 Oct 1963

Yugoslavia 26 Oct 1961

Declarations and Reservations
(Unless otherwise indicated, the declarations and reservations were made
upon ratification, accession or succession.)

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).

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:

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.

CZECH REPUBLIC 1

DENMARK

fiji

"(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,

"(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;

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".

finlandcc

Reservations:

The provisions of article 12 will not be applied with respect to phonograms acquired by a broadcasting organisation before 1 September 1961.

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.

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.

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 the 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.

germany2

"1. 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."

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;

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)."

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.

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

Reservations:

"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."

"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 national of the Republic of Moldova.

romania

Reservation:

1. With regard to article 5, paragraph 3, Romania delcares 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 bradcasts 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 a were originally fixed by a national of Romania.

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."

SLOVAKIAc

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.

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.

swedenc

(a) . . .

(b) . . .

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

(d) . . .

(e) . . .

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."

Territorial Application

NOTES:

c See note in chapter I.2.

cc For the Kingdom in Europe.

c 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:

"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 withdrawn.

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."

c The territorial applications were effected subject to the same declarations as those made on behalf of the United Kingdom upon ratification of the Convention.