Wipo Copyright Agreement

The WIPO Copyright Treaty (WCT) is a special agreement of the Berne Convention that deals with the protection of works and their authors` rights in the digital environment. In addition, it recognises the rights specific to the digital environment, namely the provision of workplaces, the treatment of “on-demand” access modes and other interactive access modes. WCT recognizes (i) computer programs, regardless of the type or form of their expression; and (ii) compilations of data or other materials (“Databases”) in any form that, by virtue of the selection or arrangement of their content, constitute intellectual creations, as separate elements that may be protected by copyright laws. In addition, in addition to the rights granted to the author under the Berne Convention, the WCT also grants the author of the work the following rights: WIPO Copyright Treaty – wipolex.wipo.int/en/text/295157 In the earlier phase of the negotiations, the WCT was considered a protocol to the Berne Convention, which had been an update of that agreement since the Stockholm Conference of 1971. [5] However, since any amendment to the Berne Convention required the unanimous consent of all parties, the WCT was conceived as an additional treaty supplementing the Berne Convention. [6] After the failure of negotiations on the extension of the Berne Convention in the 1980s, the Forum moved to GATT, which led to the TRIPS Agreement. [7] [8] For example, the nature of a World Intellectual Property Organization copyright treaty has been considerably narrower and limited to addressing the challenges posed by digital technologies. The WCT emphasizes the incentive nature of copyright protection and affirms that it is important for creative efforts. [5] It ensures that computer programs are protected as literary works (Article 4) and that the arrangement and selection of material in databases are protected (Article 5). It gives authors of works control over their rental and distribution in Articles 6 to 8, which they cannot have alone under the Berne Convention. It also prohibits the circumvention of technological measures for the protection of works (Article 11) and the unauthorised modification of information on the management of rights contained in works (Article 12).

The WIPO Copyright Agreement is incorporated into U.S. law by the Digital Millennium Copyright Act (DMCA). By Decision 2000/278/EC of 16 March 2000, the Council of the European Union approved the Treaty on behalf of the European Community. The European Union directives, which largely cover the subject matter of the contract, are as follows: Directive 91/250/EC on the creation of copyright protection for software; Directive 96/9/EC on the protection of databases by copyright; and Directive 2001/29/EC, which prohibits devices that circumvent “technological protection measures” such as digital rights management (also known as DRM). The WIPO Copyright Treaty (WCT) is a special agreement of the Berne Convention that deals with the protection of works and their authors` rights in the digital environment. Each Contracting Party (even if it is not bound by the Berne Convention) must comply with the substantive provisions of the 1971 (Paris) Act of the Berne Convention for the Protection of Literary and Artistic Works (1886). In addition, the WCT mentions two elements protected by copyright: (i) computer programs, regardless of the type or form of their expression; and (ii) compilations of data or other materials (“Databases”) in any form that, by reason of the selection or arrangement of their content, constitute intellectual creations. (If a database does not constitute such a creation, it does not fall within the scope of this Agreement.) The Copyright Treaty of the World Intellectual Property Organization (WIPO Copyright TREATY or WCT) is an international copyright treaty adopted by the Member States of the World Intellectual Property Organization (WIPO) in 1996.

It provides additional copyright protection to respond to advances in information technology since the formation of earlier copyright treaties. [3] The WCT and the WIPO Performances and Phonograms Treaty are collectively referred to as WIPO`s “Internet Contracts”. [4] 3. Right of communication to the public – This right authorizes the author to communicate his work by any wired or wireless means, etc. The Treaty requires each Party to take the necessary measures, in accordance with its legal system, to ensure the implementation of the Treaty. In particular, each Party shall ensure that enforcement procedures are available in accordance with its law to enable effective measures to be taken against any infringement of the rights covered by the treaty. Such measures shall include prompt corrective measures to prevent infringements and dissuasive corrective measures against other infringements. Under this Treaty, authors of any type of work may be protected for at least 50 years, and the enjoyment and exercise of the rights provided for in the Treaty under the Berne Convention may not be subject to any prior formality. The Treaty establishes an Assembly of the Parties whose main task is to deal with matters relating to the maintenance and further development of the Treaty. It delegates to the WIPO Secretariat the administrative tasks related to the Treaty. In addition to the rights recognized by the Berne Convention, other rights granted to authors by the treaty are: 1.

The right to distribution – This right authorizes the author to make the original or copies of the author`s work available to the public by sale or transfer of ownership. The contract obliges the contracting parties to provide remedies against the circumvention of the technological measures (e.B encryption) used by the authors in the exercise of their rights and against the deletion or modification of information, such as. B certain data identifying the works or their authors, necessary for the management (e.B licensing, collection and distribution of royalties) of their rights (“Rights Management Information”). b) Cinematographic works (Only if there is a widespread reproduction of this work as a result of commercial rental, which significantly affects the exclusive right of reproduction) The contract was concluded in 1996 and entered into force in 2002. The Treaty is open to WIPO Member States and the European Community. The Assembly constituted by the Treaty may decide to admit other intergovernmental organizations as parties to the Treaty. Instruments of ratification or accession must be deposited with the Director General of WIPO. With regard to limitations and exceptions, Article 10 of the WCT contains the “three-step test” for the determination of limitations and exceptions, as provided for in Article 9(2) of the Berne Convention, and extends its application to all rights.

The Agreed Declaration annexed to the WCT provides that these limitations and exceptions, as provided for by national law in accordance with the Berne Convention, may be extended to the digital environment. States Parties may develop new exceptions and limitations tailored to the digital environment. The extension of existing restrictions and exceptions or the creation of new restrictions or exceptions is permitted if the conditions of the “three-step” test are met. With regard to the rights granted to authors, the treaty grants, in addition to the rights recognized by the Berne Convention: (i) the right of distribution; (ii) the right to rent; and (iii) a broader right of communication to the public. The treaty has been criticised for being too broad (e.g. B, in its prohibition of circumvention of technological safeguard measures, even if such circumvention is applied in the pursuit of legal rights and licenses) and for having applied a “uniform standard” to all signatory countries despite their very different stages of economic development and knowledge industry. 2. The right to rent – This right allows the author to commercially rent three types of works, namely: – “Three-step” test – Article 10 of the WIPO Copyright Treaty establishes the “three-step test” for determining limitations and exceptions under Article 9(2) of the Berne Convention, which applies to all rights. The enjoyment and exercise of the rights provided for in the Treaty cannot be linked to formalities. (a) Computer programs (does not include work in which the computer program itself is not the essential object of the rental) (c) Works contained in phonograms within the meaning of the national law of the Contracting Parties (with the exception of countries where a system of equitable remuneration for such rent has been in force since 15 April 1994) With regard to the term The term of protection for each type of work must be at least 50 years. .

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