Copyright and Related Rights. 1. The Parties shall grant and assure to the authors of literary and artistic works and to performers, producers of phonograms and broadcasting organisations, an adequate and effective protection of their works, performances, phonograms and broadcasts, respectively.
2. Independently of the author’s economic rights, and even after the transfer of the said rights, the author shall have the right to claim, at least, authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honour or reputation.
3. The rights granted to the author in accordance with paragraph 2 shall, after his death, be maintained, at least until the expiry of the economic rights, and shall be exercisable by the persons or institutions authorised by the legislation of the country where protection is claimed.
4. Rights under paragraphs 2 and 3 shall be granted, mutatis mutandis, to performers as regards their live performances or fixed performances.
Copyright and Related Rights. 1. Each Party shall ensure effective protection of copyrightand related rights in accordance with its laws and regulationsand international agreements to which it is a party. 2. Each Party shall ensure that its laws and regulations beimplemented with appropriate legal remedies in order to protect copyright and related rights in the digital environment. 3. Each Party shall, in accordance with its laws andregulations, take appropriate measures to promote thedevelopment of the collective management organizations forcopyright and related rights in that Party.
Copyright and Related Rights. Without prejudice to the obligations set out in the international agreements to which the Parties are party, each Party shall, in accordance with its respective laws and regulations, grant and ensure adequate and effective protection to authors, performers, producers of phonograms and broadcasting organizations for their works, performances, phonograms and broadcasts, respectively.
Copyright and Related Rights. The Parties reaffirm their existing rights and obligations under the Berne Convention for the Protection of Literary and Artistic Works; the Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations; the WIPO Copyright Treaty; and the WIPO Performances and Phonograms Treaty.
Copyright and Related Rights. 1. Without prejudice to the obligations set out in the international agreements to which both Parties are parties, each Party shall, in accordance with its laws and regulations, grant and ensure adequate and effective protection to the authors of works and to performers, producers of phonograms and videograms and broadcasting organisations for their works, performances, phonograms, videograms and broadcasts, respectively. It is understood that computer programmes fall under copyright protection.
2. In addition to the protection provided for in the international agreements to which the Parties are parties, each Party shall:
(a) grant and ensure protection as provided for in Articles 5, 6, 7, 8 and 10 of the WPPT, mutatis mutandis, to performers for their audiovisual performances; and
(b) grant and ensure protection as provided for in Articles 11, 12, 13 and 14 of the WPPT, mutatis mutandis, to producers of videograms.
3. A radio station or television station shall have the right to prohibit the following acts performed without its permission:
(a) rebroadcasting its programmes; and
(b) making a sound recording or video recording of its programmes and reproducing such recording.
4. Each Party may, in its national legislation, provide for the same kinds of limitations or exceptions with regard to the protection of performers for their audiovisual performances to the protection of videograms producers, and to broadcasting organisations as it provides for in its national legislation, in connection with the protection of copyright in literary and artistic work.
5. Each Party shall ensure that the author has the right, independently of the author's economic rights, and even after the transfer of the said rights, to claim authorship of the work and to object to any modification, distortion, mutilation or other derogatory action in relation to the said work, which would be prejudicial to his or her honour or reputation.
6. The rights granted to the author in accordance with paragraph 5 shall, after his or her death, be maintained at least until the expiry of the economic rights, and shall be exercisable by the persons or institutions authorised by the legislation of the Party in which protection is claimed.
7. The rights granted under paragraphs 5 and 6 shall be granted, mutatis mutandis, to performers as regards their live aural, visual or audiovisual performances, or performances fixed in phonograms or audiovisual fixations.
8. The term of protection to be granted...
Copyright and Related Rights. 1. Each Party shall provide7 that authors, performers, and producers of phonograms8 have the right to authorize or prohibit9 all reproductions of their works, performances,10 and phonograms, in any manner or form, permanent or temporary (including temporary storage in electronic form).11
2. Each Party shall provide to authors, performers, and producers of phonograms the right to authorize or prohibit the making available to the public of the original and copies12 of their works, performances, and phonograms through sale or other transfer of ownership.
3. In order to ensure that no hierarchy is established between rights of authors, on the one hand, and rights of performers and producers of phonograms, on the other hand, each Party shall provide that in cases where authorization is needed from both the author of a
Copyright and Related Rights. Protection Granted
1. The Parties shall comply with:
(a) Articles 1 through 22 of the International Convention for the Protection of Performers, Producers of Phonograms and Broadcasting
(b) Articles 1 through 18 of the Berne Convention for the Protection of Literary and Artistic Works (1971) (hereinafter referred to as the “Berne Convention”);
(c) Articles 1 through 14 of the World Intellectual Property Organization (hereinafter referred to as the “WIPO”) Copyright Treaty (1996) (hereinafter referred to as the “WCT”); and
(d) Articles 1 through 23 of the WIPO Performances and Phonograms Treaty (1996) (hereinafter referred to as the “WPPT”).
Copyright and Related Rights. 1. Each Party shall provide7 that authors, performers, and producers of phonograms8 have the right to authorize or prohibit9 all reproductions of their works, performances,10
Copyright and Related Rights. 1. With respect to copyright and related rights, each Party shall provide:
(a) adequate legal protection; and
(b) effective criminal penalties or civil remedies or any combination thereof, against the circumvention of effective technological measures that are used by authors, performers, or producers of phonograms in connection with the exercise of their rights under the laws and regulations of the Party and that restrict acts, in respect of their works, performances or phonograms, which are neither authorised by the authors, performers or producers of phonograms concerned nor permitted in certain special cases by the laws and regulations of the Party.
2. Each Party shall ensure that its collective management organisations are encouraged to:
(a) operate to collect and distribute revenues to their members in a manner that is fair, efficient, transparent and accountable; and
(b) adopt open and transparent record keeping of the collection and distribution of revenues.
3. In civil judicial proceedings involving copyright, each Party shall provide for a presumption that, in the absence of evidence to the contrary, the person whose name is indicated on a work in the usual manner as the name of the author of the work is the author of the work. This paragraph shall be applicable even if such name is a pseudonym, where the pseudonym adopted by the author leaves no doubt as to his or her identity.
4. Each Party shall confine limitations or exceptions to exclusive rights of copyright and related rights to certain special cases which do not conflict with a normal exploitation of a work, performance or phonogram and do not unreasonably prejudice the legitimate interests of the right holder. Note: With respect to works, performances and phonograms, paragraph 4 does not reduce the capacity of each Party to provide for limitations or exceptions in accordance with multilateral agreements related to intellectual property to which that Party is, or becomes, a party.
Copyright and Related Rights. 1. Each Party shall provide that authors, performers, and producers of phonograms6 have the right7 to authorize or prohibit all reproductions of their works, performances, and phonograms,8 in any manner or form, permanent or temporary (including temporary storage in electronic form).
2. Each Party shall provide to authors, performers, and producers of phonograms the right to authorize the making available to the public of the original and copies of their works, performances, and phonograms through sale or other transfer of ownership.
3. In order to ensure that no hierarchy is established between rights of authors, on the one hand, and rights of performers and producers of phonograms, on the other hand, each Party shall provide that in cases where authorization is needed from both the author of a work embodied in a phonogram and a performer or producer owning rights in the phonogram, the need for the authorization of the author does not cease to exist because the authorization of the performer or producer is also required. Likewise, each Party shall establish that in cases where authorization is needed from both the author of a work embodied in a phonogram and a performer or producer owning rights in the phonogram, the need for the authorization of the performer or producer does not cease to exist because the authorization of the author is also required.
4. Each Party shall provide that, where the term of protection of a work (including a photographic work), performance, or phonogram is to be calculated:
(a) on the basis of the life of a natural person, the term shall be not less than the life of the author and 70 years after the author’s death; and
(b) on a basis other than the life of a natural person, the term shall be
(i) not less than 95 years from the end of the calendar year of the first authorized publication of the work, performance, or phonogram, or
(ii) failing such authorized publication within 25 years from the creation of the work, performance, or phonogram, not less than 120 years from the end of the calendar year of the creation of the work, performance, or phonogram.
5. Each Party shall apply Article 18 of the Berne Convention for the Protection of Literary and Artistic Works (1971) (Berne Convention) and Article 14.6 of the TRIPS Agreement, mutatis mutandis, to the subject matter, rights, and obligations in this Article and Articles 15.5 and 15.6.
6. Each Party shall provide that for copyright and related rights, any person acquiring or ho...
