Статус Пекинского договора по аудиовизуальным исполнениям (Пекин, 24 июня 2012 года) [рус., англ.]

[неофициальный перевод]

СТАТУС ПЕКИНСКОГО ДОГОВОРА ПО АУДИОВИЗУАЛЬНЫМ ИСПОЛНЕНИЯМ (ПЕКИН, 24 ИЮНЯ 2012 ГОДА)

(последние изменения произошли 3 марта 2025 года)

BEIJING TREATY ON AUDIOVISUAL PERFORMANCES

(Beijing, 2012)

(Status on March 3, 2025)

(Total: 48 States)

<1> The People's Republic of China shall not be bound by Article 11(1) and (2) of the Treaty.

<2> The Treaty shall not apply for the time being to Hong Kong, China until otherwise notified by the Government of the People's Republic of China.

<3> Pursuant to Article 11(2) of the Treaty, Japan will establish a right to equitable remuneration, instead of the right of authorization provided for in Article 11(1) for the broadcasting of a performance 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;

(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(2) of the Treaty, Japan will also establish a right to equitable remuneration, instead of the right of authorization provided for in Article 11(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 pertaining to the original broadcasting;

«automatic public transmission of unfixed information» shall mean transmission by means of inputting information into an automatic public transmission server 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, 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».

<4> Pursuant to Article 11(2) of the Treaty, instead of the exclusive right of authorization referred to in Article 11(1), the Principality of Liechtenstein grants a right to remuneration in accordance with Article 41 of the Liechtenstein Act on Copyright and Related Rights of 19 May 1999 for the broadcasting, retransmission or public reception of an audiovisual fixation where it is made from a commercially available audiovisual fixation.

<5> In accordance with Article 11(2) of the Treaty, the United Mexican States 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.

<6> In accordance with Article 11(2) of the Treaty, the Republic of Peru 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.

<7> In accordance with Article 11(3) of the Treaty, 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.

<8> Pursuant to Article 11(3) of the Treaty, the provisions under Articles 11(1) and (2) do not apply to the Independent State of Samoa, until such time that the national laws have been reformed.

<9> In accordance with Article 11(2) of the Treaty, the Slovak Republic has set conditions in its legislation for the exercise of the right to equitable remuneration.

<10> Pursuant to Article 11(2) and (3), instead of the exclusive right of authorization referred to in Article 11(1), 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.