Performances and Phonograms Treaty. (The text of the agreed statement concerning Article 10 of the WCT reads as follows: "It is understood that the provisions of Article 10 permit Contracting Parties to carry forward and appropriately extend into the digital environment limitations and exceptions in their national laws which have been considered acceptable under the Berne Convention. Similarly, these provisions should be understood to permit Contracting Parties to devise new exceptions and limitations that are appropriate in the digital network environment. "It is also understood that Article 10 (2) neither reduces nor extends the scope of applicability of the limitations and exceptions permitted by the Berne Convention.")
Performances and Phonograms Treaty. (The text of the agreed statement concerning Article 12 of the WCT reads as follows: "It is understood that the reference to 'infringement of any right covered by this Treaty or the Berne Convention' includes both exclusive rights and rights of remuneration. "It is further understood that Contracting Parties will not rely on this Article to devise or implement rights management systems that would have the effect of imposing formalities which are not permitted under the Berne Convention or this Treaty, prohibiting the free morvement of goods or impeding the enjoyment of rights under this Treaty.") Source
Performances and Phonograms Treaty. Each party that is a State has a vote in the Assembly; intergov- ernmental organizations do not have an independent vote. How- ever, an intergovernmental organization is permitted to participate in a vote on behalf of its member States that are party to the Trea- ty. There is no allowance for ‘‘split voting’’; either an organization votes on behalf of all member State parties, or each member State party votes individually (Article 15(3), Copyright Treaty; Article 24(3), Performances and Phonograms Treaty).
Performances and Phonograms Treaty. Each Treaty enters into force three months after thirty instru- ments of ratification or accession by states have been deposited with the Director General of WIPO. This number makes it impos- sible for the European Community and its Member States to be in a position to control the Assembly (Article 20, Copyright Treaty; Article 29, Performances and Phonograms Treaty). WIPO Copyright Treaty The WIPO Copyright Treaty provides in Article 1 that it is a spe- cial agreement within the meaning of Article 20 of the Berne Con- vention for the Protection of Literary and Artistic Works, revised at Paris, July 24, 1971, as amended (the ‘‘Berne Convention’’), to which the United States is a party (Article 1). Article 20 of the Berne Convention provides that the states party to the Berne Con- vention reserve the right to enter into special agreements among themselves insofar as the special agreements grant to authors more extensive rights than those granted under the Berne Convention. The Copyright Treaty (Article 1(4)) requires that parties comply with the substantive obligations (Articles 1–21 and the Appendix) of the Berne Convention. Like the Berne Convention, the Copyright Treaty provides (Article 3) that parties may not impose formalities on the nationals of other parties as a condition for claiming protec- tion under the Treaty. In Articles 4 and 5, the Copyright Treaty clarifies, along the lines of Article 10 of the World Trade Organization Agreement on Trade- Related Aspects of Intellectual Property Rights done at Marrakesh, April 15, 1994, (‘‘TRIPS Agreement’’), that computer programs are protected as literary works under the Berne Convention, and that original compilations of data (databases) that incorporate copy- rightable authorship are also protected.
Performances and Phonograms Treaty. Both Treaties oblige parties to provide adequate legal pro- tection against the circumvention of technologically based security measures, and to apply appropriate and effective remedies against protection-defeating devices or services (Article 11, Copyright Trea- ty; Article 18, Performances and Phonograms Treaty). Both require the provision of effective remedies against the knowing removal or alteration of electronic rights-management information without au- thority, and against the related acts of distribution, importation for distribution and communication to the public with knowledge that such information has been removed or altered (Article 12, Copy- right Treaty; Article 19, Performances and Phonograms Treaty). Both Treaties oblige parties to adopt the measures necessary to ensure the application of the Treaties and to ensure that enforce- ment procedures are available under the parties’ laws so as to per- mit effective action against any act of infringement of rights cov- ered by the Treaties, including provision of expeditious remedies to prevent infringements and remedies which constitute a deterrent to further infringements (Article 14, Copyright Treaty; Article 23, Per- formances and Phonograms Treaty). In addition to these substantive obligations, each Treaty provides that not only WIPO member States, but also the European Com-
Performances and Phonograms Treaty. (Geneva, 1996) (Continued)
Performances and Phonograms Treaty. [The text of the agreed statement concerning Article 12 of the WCT reads as follows: “It is understood that the reference to ‘infringement of any right covered by this Treaty or the Berne Convention’ includes both exclusive rights and rights of remuneration.
Performances and Phonograms Treaty. Both Treaties oblige parties to provide adequate legal protection against the circumvention of technologically based security measures, and to apply appropriate and effective remedies against protection-defeating devices or services (Article 11, Copyright Treaty; Article 18, Performances and Phonograms Treaty). Both require the provision of effective remedies against the knowing removal or alteration of electronic rights-management information without authority, and against the related acts of distribution, importation for distribution and communication to the public with knowledge that such information has been removed or altered (Article 12, Copyright Treaty; Article 19,
Performances and Phonograms Treaty. Both Treaties oblige parties to adopt the measures necessary to ensure the application of the Treaties and to ensure that enforcement procedures are available under the parties' laws so as to permit effective action against any act of infringement of rights covered by the Treaties, including provision of expeditious remedies to prevent infringements and remedies which constitute a deterrent to further infringements (Article 14, Copyright Treaty; Article 23, Performances and Phonograms Treaty).
Performances and Phonograms Treaty. Preamble The Contracting Parties, Desiring to develop and maintain the protection of the rights of performers and producers of phonograms in a manner as effective and uniform as possible, Recognizing the need to introduce new international rules in order to provide adequate solutions to the questions raised by economic, social, cultural and technological developments, Recognizing the profound impact of the development and convergence of information and communication technologies on the production and use of performances and phonograms, Recognizing the need to maintain a balance between the rights of performers and producers of phonograms and the larger public interest, particularly education, research and access to information, HAVE AGREED as follows: CHAPTER 1 GENERAL PROVISIONS
