WIPO COPYRIGHT TREATY
Contents
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Preamble
Article l: Relation to the Berne Convention
Article 2: Scope of Copyright Protection
Article 3: Application of Articles 2 to 6 of the Berne
Convention
Article 4: Computer Programs
Article 5: Compilations of Data (Databases)
Article 6: Right of Distribution
Article 7: Right of Rental
Article 8: Right of Communication to the Public
Article 9: Duration of the Protection of Photographic
Works
Article 10: Limitations and Exceptions
Article 11: Obligations concerning Technological Measures
Article 12: Obligations concerning Rights Management
Information
Article 13: Application in Time
Article 14: Provisions on Enforcement of Rights
Article 15: Assembly
Article 16: International Bureau
Article 17: Eligibility for Becoming Party to the Treaty
Article 18: Rights and Obligations under the Treaty
Article 19: Signature of the Treaty
Article 20: Entry into Force of the Treaty
Article 21: Effective Date of Becoming Party to the Treaty
Article 22: No Reservations to the Treaty
Article 23: Denunciation of the Treaty
Article 24: Languages of the Treaty
Article 25: Depositary
Preamble
The Contracting Parties,
Desiring to develop and maintain the protection of the rights of authors
in their literary and artistic works in a manner as effective and uniform
as possible,
Recognizing the need to introduce new international rules and clarify
the interpretation of certain existing rules in order to provide adequate
solutions to the questions raised by new economic, social, cultural and
technological developments,
Recognizing the profound impact of the development and convergence
of information and communication technologies on the creation and use of
literary and artistic works,
Emphasizing the outstanding significance of copyright protection
as an incentive for literary and artistic creation,
Recognizing the need to maintain a balance between the rights of
authors and the larger public interest, particularly education, research
and access to information, as reflected in the Berne Convention,
Have agreed as follows:
Article l Relation to the
Berne Convention
(1) This Treaty is a special agreement within the meaning of Article
20 of the Berne Convention for the Protection of Literary and Artistic
Works, as regards Contracting Parties that are countries of the Union established
by that Convention. This Treaty shall not have any connection with treaties
other than the Berne Convention, nor shall it prejudice any rights and
obligations under any other treaties.
(2)Nothing in this Treaty shall derogate from existing obligations that
Contracting Parties have to each other under the Berne Convention for the
Protection of Literary and Artistic Works.
(3) Hereinafter, "Berne Convention" shall refer to the Paris
Act of July 24, 1971 of the Berne Convention for the Protection of Literary
and Artistic Works.
(4) Contracting Parties shall comply with Articles l to 21 and the Appendix
of the Berne Convention.
Article 2 Scope of Copyright
Protection
Copyright protection extends to expressions and not to ideas, procedures,
methods of operation or mathematical concepts as such.
Article 3 Application
of Articles 2 to 6 of the Berne Convention
Contracting Parties shall apply mutatis mutandis the provisions
of Articles 2 to 6 of the Berne Convention in respect of the protection
provided for in this Treaty.
Article 4 Computer Programs
Computer programs are protected as literary works within the meaning
of Article 2 of the Berne Convention. Such protection applies to computer
programs, whatever may be the mode or form of their expression.
Article 5 Compilations
of Data (Databases)
Compilations of data or other material, in any form, which by reason
of the selection or arrangement of their contents constitute intellectual
creations, are protected as such. This protection does not extend to the
data or the material itself and is without prejudice to any copyright subsisting
in the data or material contained in the compilation.
Article 6 Right of Distribution
(1) Authors of literary and artistic works shall enjoy the exclusive
right of authorizing the making available to the public of the original
and copies of their works through sale or other transfer of ownership.
(2) Nothing in this Treaty shall affect the freedom of Contracting Parties
to determine the conditions, if any, under which the exhaustion of the
right in paragraph (1) applies after the first sale or other transfer of
ownership of the original or a copy of the work with the authorization
of the author.
Article 7 Right of Rental
(1) Authors of
(i) computer programs;
(ii) cinematographic works; and
(iii) works embodied in phonograms, as determined in the national law
of Contracting Parties,
shall enjoy the exclusive right of authorizing commercial rental to the
public of the originals or copies of their works.
(2) Paragraph(1) shall not apply
(i) in the case of computer programs, where the program itself is not
the essential object of the rental; and
(ii) in the case of cinematographic works, unless such commercial rental
has led to widespread copying of such works materially impairing the exclusive
right of reproduction.
(3) Notwithstanding the provisions of paragraph(1), a Contracting Party
that, on April 15, 1994, had and continues to have in force a system of
equitable remuneration of authors for the rental of copies of their works
embodied in phonograms may maintain that system provided that the commercial
rental of works embodied in phonograms is not giving rise to the material
impairment of the exclusive right of reproduction of authors.
Article 8 Right of Communication
to the Public
Without prejudice to the provisions of Articles 11(1)(ii), 11bis(1)(i)
and (ii), 11ter(1)(ii), 14(1)(ii) and 14bis(1) of the Berne
Convention, authors of literary and artistic works shall enjoy the exclusive
right of authorizing any communication to the public of their works, by
wire or wireless means, including the making available to the public of
their works in such a way that members of the public may access these works
from a place and at a time individually chosen by them.
Article 9 Duration of
the Protection of Photographic Works
In respect of photographic works, the Contracting Parties shall not
apply the provisions of Article 7(4) of the Berne Convention.
Article 10 Limitations
and Exceptions
(1) Contracting Parties may, in their national legislation, provide
for limitations of or exceptions to the rights granted to authors of literary
and artistic works under this Treaty in certain special cases that do not
conflict with a normal exploitation of the work and do not unreasonably
prejudice the legitimate interests of the author.
(2) Contracting Parties shall, when applying the Berne Convention, confine
any limitations of or exceptions to rights provided for therein to certain
special cases that do not conflict with a normal exploitation of the work
and do not unreasonably prejudice the legitimate interests of the author.
Article 11 Obligations
concerning Technological Measures
Contracting Parties shall provide adequate legal protection and effective
legal remedies against the circumvention of effective technological measures
that are used by authors in connection with the exercise of their rights
under this Treaty or the Berne Convention and that restrict acts, in respect
of their works, which are not authorized by the authors concerned or permitted
by law.
Article 12 Obligations
concerning Rights Management Information
(1) Contracting Parties shall provide adequate and effective legal
remedies against any person knowingly performing any of the following acts
knowing, or with respect to civil remedies having reasonable grounds to
know, that it will induce, enable, facilitate or conceal an infringement
of any right covered by this Treaty or the Berne Convention:
(i) to remove or alter any electronic rights management information
without authority;
(ii) to distribute, import for distribution, broadcast or communicate
to the public, without authority, works or copies of works knowing that
electronic rights management information has been removed or altered without
authority.
(2) As used in this Article, "rights management information"
means information which identifies the work, the author of the work, the
owner of any right in the work, or information about the terms and conditions
of use of the work, and any numbers or codes that represent such information,
when any of these items of information is attached to a copy of a work
or appears in connection with the communication of a work to the public.
Article 13 Application
in Time
Contracting Parties shall apply the provisions of Article 18 of the
Berne Convention to all protection provided for in this Treaty.
Article 14 Provisions
on Enforcement of Rights
(1) Contracting Parties undertake to adopt, in accordance with their
legal systems, the measures necessary to ensure the application of this
Treaty.
(2) Contracting Parties shall ensure that enforcement procedures are available
under their law so as to permit effective action against any act of infringement
of rights covered by this Treaty, including expeditious remedies to prevent
infringements and remedies which constitute a deterrent to further infringements.
Article 15 Assembly
(1)(a) The Contracting Parties shall have an Assembly.
(b) Each Contracting Party shall be represented by one delegate who
may be assisted by alternate delegates, advisors and experts.
(c)The expenses of each delegation shall be borne by the Contracting
Party that has appointed the delegation. The Assembly may ask the World
Intellectual Property Organization(hereinafter referred to as "WIPO")
to grant financial assistance to facilitate the participation of delegations
of Contracting Parties that are regarded as developing countries in conformity
with the established practice of the General Assembly of the United Nations
or that are countries in transition to a market economy.
(2)(a) The Assembly shall deal with matters concerning the maintenance
and development of this Treaty and the application and operation of this
Treaty.
(b) The Assembly shall perform the function allocated to it under Article
l7(2) in respect of the admission of certain intergovernmental organizations
to become party to this Treaty.
(c) The Assembly shall decide the convocation of any diplomatic conference
for the revision of this Treaty and give the necessary instructions to
the Director General of WIPO for the preparation of such diplomatic conference.
(3)(a) Each Contracting Party that is a State shall have one vote and shall
vote only in its own name.
(b) Any Contracting Party that is an intergovernmental organization
may participate in the vote, in place of its Member States, with a number
of votes equal to the number of its Member States which are party to this
Treaty. No such intergovernmental organization shall participate in the
vote if any one of its Member States exercises its right to vote and vice
versa.
(4) The Assembly shall meet in ordinary session once every two years upon
convocation by the Director General of WIPO.
(5) The Assembly shall establish its own rules of procedure, including
the convocation of extraordinary sessions, the requirements of a quorum
and, subject to the provisions of this Treaty, the required majority for
various kinds of decisions.
Article 16 International
Bureau
The International Bureau of WIPO shall perform the administrative tasks
concerning the Treaty.
Article 17 Eligibility
for Becoming Party to the Treaty
(1) Any Member State of WIPO may become party to this Treaty.
(2) The Assembly may decide to admit any intergovernmental organization
to become party to this Treaty which declares that it is competent in respect
of, and has its own legislation binding on all its Member States on, matters
covered by this Treaty and that it has been duly authorized, in accordance
with its internal procedures, to become party to this Treaty.
(3) The European Community, having made the declaration referred to in
the preceding paragraph in the Diplomatic Conference that has adopted this
Treaty, may become party to this Treaty.
Article 18 Rights and
Obligations under the Treaty
Subject to any specific provisions to the contrary in this Treaty,
each Contracting Party shall enjoy all of the rights and assume all of
the obligations under this Treaty.
Article 19 Signature of
the Treaty
This Treaty shall be open for signature until December 3l, l997, by
any Member State of WIPO and by the European Community.
Article 20 Entry into
Force of the Treaty
This Treaty shall enter into force three months after 30 instruments
of ratification or accession by States have been deposited with the Director
General of WIPO.
Article 21 Effective Date
of Becoming Party to the Treaty
This Treaty shall bind
(i) the 30 States referred to in Article 20, from the date on which
this Treaty has entered into force;
(ii) each other State from the expiration of three months from the date
on which the State has deposited its instrument with the Director General
of WIPO;
(iii) the European Community, from the expiration of three months after
the deposit of its instrument of ratification or accession if such instrument
has been deposited after the entry into force of this Treaty according
to Article 20, or, three months after the entry into force of this Treaty
if such instrument has been deposited before the entry into force of this
Treaty;
(iv) any other intergovernmental organization that is admitted to become
party to this Treaty, from the expiration of three months after the deposit
of its instrument of accession.
Article 22 No Reservations
to the Treaty
No reservation to this Treaty shall be admitted.
Article 23 Denunciation
of the Treaty
This Treaty may be denounced by any Contracting Party by notification
addressed to the Director General of WIPO. Any denunciation shall take
effect one year from the date on which the Director General of WIPO received
the notification.
Article 24 Languages of
the Treaty
(1) This Treaty is signed in a single original in English, Arabic,
Chinese, French, Russian and Spanish languages, the versions in all these
languages being equally authentic.
(2) An official text in any language other than those referred to in paragraph(l)
shall be established by the Director General of WIPO on the request of
an interested party, after consultation with all the interested parties.
For the purposes of this paragraph, "interested party" means
any Member State of WIPO whose official language, or one of whose official
languages, is involved and the European Community, and any other intergovernmental
organization that may become party to this Treaty, if one of its official
languages is involved.
Article 25 Depositary
The Director General of WIPO is the depositary of this Treaty.
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