Beijing Treaty on Audiovisual Performances

PartiesTooltipParties with a link have a reservation.

China

09-07-2014

- The People's Republic of China shall not be bound by Article 11(1) and (2) of the Beijing Treaty on Audiovisual Performances.
- The Beijing Treaty on Audiovisual Performances shall not apply for the time being to the Hong Kong Special Administrative Region of the People's Republic of China until otherwise notified by the Government of the People's Republic of China.

Japan

10-06-2014

- Pursuant to Article 11, paragraph 2 of the Treaty, the Government of Japan will establish a right to equitable remuneration, instead of the right of authorization provided for in Article 11, paragraph (1) of the Treaty, for the broadcasting of a performance done in accordance with Article 94 of the copyright law of Japan by:
(a) a broadcasting organization, using the audiovisual fixation that it made for the broadcasting under the authorization of the person entitled to the right to broadcast the performance in accordance with Article 93, paragraph 1 of the copyright law of Japan;
(b) a person to whom the broadcasting organization referred to in (a) provided the audiovisual fixations referred to in (a), using those audiovisual fixations; or
(c) a person to whom the broadcasting organization referred to in (a) otherwise supplied a broadcasting program pertaining to the authorization referred to in (a), using that broadcasting program.
- Pursuant to Article 11, paragraph 2 of the Treaty, the Government of Japan will establish a right to equitable remuneration, instead of the right of authorization provided for in Article 11, paragraph (1) of the Treaty, for the simultaneous cablecasting of a broadcast performance and for the "automatic public transmission of unfixed information" made in order that a broadcast performance be received simultaneously with the original broadcasting exclusively in the broadcasting service area (as defined in Article 34, paragraph 1 of the copyright law of Japan) pertaining to the original broadcasting.
For the purposes of this declaration, "automatic public transmission of unfixed information" shall mean transmission by means of inputting information into an automatic public transmission server (as defined in Article 2, paragraph 1, subparagraph 9 quinquies, i, of the copyright law of Japan) already connected with a telecommunication line that is provided for use by the public, which is carried out automatically in response to a request from the public and which is intended for direct receipt by the public.
- Pursuant to Article 11, paragraph 3 of the Treaty, the Government of Japan will not apply the provisions of Article 11 paragraphs (1) and (2) of the Treaty to the communication to the public of a performance fixed in audiovisual fixations done by means other than cablecasting or "automatic public transmission of unfixed information.

Mexico

07-07-2022

The United Mexican States declares that, in accordance with paragraph 2 of Article 11 of the Treaty, opts for the right to equitable remuneration for the broadcast and communication to the public of performances fixed in audiovisual fixations, without prejudice to the provisions of its national legislation on telecommunications with respect to the obligation of restricted television concessionaires to retransmit the broadcast television signal.

Peru

27-09-2018

The Republic of Peru declares that, in conformity with paragraph 2 of Article 11 of the Beijing Treaty, it opts for the right to equitable remuneration for the direct or indirect use of performances fixed in audiovisual fixations for broadcasting or for communication to the public.

Republic of Korea, the

22-04-2020

In accordance with Article 11(3) of the Beijing Treaty on Audiovisual Performances, the Republic of Korea will apply the provision of Article 11(1) thereof only in respect of the performances fixed in audiovisual fixation for broadcasting or transmission by wire. Transmission by wire does not include transmission over the Internet.

Samoa

09-05-2017

Pursuant to Article 11(3) of the Treaty, the provisions under Articles 11(1) and (2) do not apply to the Government of Samoa, until such time that the national laws have been reformed.

Slovakia

22-05-2014

In accordance with Article 11, paragraph 2 of the Treaty the Slovak Republic declares that it has set conditions in its legislation for the exercise of the right to equitable remuneration.

Switzerland

11-02-2020

Instead of the exclusive right of authorization referred to in Article 11(1), and pursuant to Article 35 of the Swiss Copyright Act of October 9, 1992, Switzerland shall grant a right to remuneration subject to collective management and to the principle of reciprocity for the broadcasting, retransmission or public reception of an audiovisual fixation where it is made from a commercially available audiovisual fixation.