 For phonograms, it stipulated that phonograms produced by a national of a contracting state, or fixated in a contracting state, or published in a contracting state were covered, but allowed signatory countries to choose among the latter two (article 5).Russia chose to apply the criteria of nationality and publication, declaring the criterion of fixation as inapplicable in its adherence to the treaty.The Rome Convention is non-retroactive and applies only to phonograms created after and to performances or broadcasts that occurred after a country jointed the convention (article 20).