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IP Treaties Collection

Contracting Parties WIPO Performances and Phonograms Treaty Japan

Dates Accession: July 9, 2002 Entry into force: October 9, 2002

Declarations, Reservations

Declaration made on May 27, 2019: Pursuant to Article 15, paragraph 3 of the Treaty, the Government of Japan will apply the provisions of Article 15, paragraph 1 of the Treaty in respect of the direct or indirect use of the phonograms made available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and a time individually chosen by them for broadcasting, cablecasting (wire diffusion) or "automatic public transmission of unfixed information". (see WPPT Notification No. 99)

Declaration made on January 21, 2008: Pursuant to Article 15(3), Japan will apply the provisions of Article 15(1) to the extent that Party grants the protection provided for by Article 15(1); and Japan will apply the provisions of Article 15(1) in respect of the direct or indirect use of the phonograms published for commercial purposes for broadcasting, cablecasting or "automatic public transmission of unfixed information"; and in respect of the direct or indirect use of the phonograms made available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them for "automatic public transmission of unfixed information". (see WPPT Notification No. 68)

Declarations made upon accession: 1. In accordance with Article 3(3) of the Treaty, this State has declared that it will not apply the criterion of publication concerning the protection of phonograms. 2. Pursuant to Article 15, paragraph 3 of the Treaty, the Government of Japan will apply the provisions of Article 15, paragraph 1 of the Treaty in respect of direct uses for broadcasting or for wire diffusion. 3. Pursuant to Article 15, paragraph 3 of the Treaty, as regards phonograms the producer of which is a national of another Contracting Party which has made a declaration under Article 15, paragraph 3 of the Treaty, the Government of Japan will apply the provision of Article 15, paragraph 1 of the Treaty to the extent that Party grants the protection provided for by the provisions of Article 15, paragraph 1 of the Treaty. 4. Pursuant to Article 15, paragraph 3 of the Treaty, the Government of Japan will not apply Article 15, paragraph 1 of the Treaty to the phonograms made available to the public, by wire or wireless means, in such a way that members of the public may access them from a place and a time individually chosen by them. (see WPPT Notification No. 38) Declarations 2 and 4 were modified on January 21, 2008 and May 27, 2019. (see WPPT Notification No. 68 and No. 99)

 


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