Japan nods to Beijing, opts for right to equitable remuneration

Things are bouncing in Beijing! By Beijing Notification No. 4 Beijing Treaty on Audiovisual Performances the World Intellectual Property Organization notifies us of the deposit by the Government of Japan, exactly a fortnight ago, of its instrument of accession to the Beijing Treaty on Audiovisual Performances. However, it's not a straightforward matter. Japan's instrument of accession contains the following declarations:

"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"."

The date of entry into force of the Treaty will be notified when the required number of ratifications or accessions is reached in accordance with Article 26. Meanwhile Japan joins the three countries that have already committed themselves to the Treaty: Botswana, the Slovak Republic and Syria.