WPPT Notification No. 68
WIPO Performances and Phonograms Treaty

Declaration by Japan

The Director General of the World Intellectual Property Organization (WIPO) presents his compliments to the Minister for Foreign Affairs and has the honor to refer to the deposit by the Government of Japan, on July 9, 2002, of its instrument of accession to the WIPO Performances and Phonograms Treaty, adopted at Geneva on December 20, 1996. The said instrument contained declarations in respect of Article 3, paragraph 3 and Article 15, paragraph 1. (See WPPT Notification No. 38 dated July 9, 2002).

The Director General of WIPO has the honor to notify that the Government of Japan has deposited, on January 21, 2008, a declaration modifying paragraphs 2 and 4, of the said declarations as follows:

- 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 published for commercial purposes for broadcasting, cablecasting (wire diffusion) or "automatic public transmission of unfixed information". For 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 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 "automatic public transmission of unfixed information".

Japan has also notified that declarations in paragraphs 1 and 3 in the WPPT Notification No. 38, are maintained as they are. In keeping with the depositary practice followed in similar cases, the Director General will receive the modification in question for deposit in the absence of any objection on the part of any of the Contracting States, within a period of six months from the date of the present depositary notification. In the absence of any such objection, the above modification will be accepted for deposit upon the expiration of the above-stipulated six-month period, that is on July 21, 2008.

January 21, 2008