APPENDIX 7 WIPO Treaty 1996

(adopted in Geneva on December 20, 1996)1

Preamble Article 1 [Relation to the ] The Contracting Parties, (1) This Treaty is a special agreement within Desiring to develop and maintain the protec- the meaning of Article 20 of the Berne Con- tion of the rights of authors in their literary vention for the Protection of Literary and and artistic works in a manner as effective and Artistic Works, as regards Contracting Parties uniform as possible, that are countries of the Union established by Recognizing the need to introduce new inter- that Convention. This Treaty shall not have national rules and clarify the interpretation any connection with treaties other than the of certain existing rules in order to provide Berne Convention, nor shall it prejudice adequate solutions to the questions raised by any rights and obligations under any other new economic, social, cultural and techno- treaties. logical developments, (2) Nothing in this Treaty shall derogate from Recognizing the profound impact of the existing obligations that Contracting Parties development and convergence of information have to each other under the Berne Conven- and communication technologies on the tion for the Protection of Literary and Artistic creation and use of literary and artistic works, Works. Emphasizing the outstanding significance of (3) Hereinafter, ‘Berne Convention’ shall refer copyright protection as an incentive for literary to the Paris Act of July 24, 1971 of the Berne and artistic creation, Convention for the Protection of Literary and Recognizing the need to maintain a balance Artistic Works. between the rights of authors and the larger public interest, particularly education, research (4) Contracting Parties shall comply with Articles 1 to 21 and the Appendix of the Berne and access to information, as reflected in the 2 Berne Convention, Convention. Have agreed as follows:

2 Agreed statements concerning Article 1(4): The reproduction right, as set out in 1 Entry into force: 6 March 2002. Article 9 of the Berne Convention, and the Source: International Bureau of WIPO. exceptions permitted thereunder, fully apply in Note: The agreed statements of the Diplo- the digital environment, in particular to the matic Conference that adopted the Treaty use of works in digital form. It is understood (WIPO Diplomatic Conference on Certain that the storage of a protected work in digital Copyright and Neighbouring Rights form in an electronic medium constitutes a Questions) concerning certain provisions of reproduction within the meaning of Article 9 the WCT are reproduced in the notes below. of the Berne Convention.

1396 WIPO Copyright Treaty 1996

Article 2 Article 5 [Scope of Copyright Protection] [Compilations of Data (Databases)] Copyright protection extends to expressions Compilations of data or other material, in and not to ideas, procedures, methods of any form, which by reason of the selection operation or mathematical concepts as such. or arrangement of their contents constitute intellectual creations, are protected as such. Article 3 This protection does not extend to the data or [Application of Articles 2 to 6 of the material itself and is without prejudice to the Berne Convention] any copyright subsisting in the data or material contained in the compilation.5 Contracting Parties shall apply mutatis mutandis the provisions of Articles 2 to 6 of the Berne Convention in respect of the protection Article 6 [Right of Distribution] provided for in this Treaty.3 (1) Authors of literary and artistic works shall Article 4 enjoy the exclusive right of authorizing the [Computer Programs] making available to the public of the original and copies of their works through sale or other Computer programs are protected as literary transfer of ownership. works within the meaning of Article 2 of the Berne Convention. Such protection applies to (2) Nothing in this Treaty shall affect the free- computer programs, whatever may be the dom of Contracting Parties to determine the mode or form of their expression.4 conditions, if any, under which the exhaustion of the right in paragraph (1) applies after the 3 Agreed statements concerning Article 3: It first sale or other transfer of ownership of is understood that in applying Article 3 of this the original or a copy of the work with the Treaty, the expression ‘country of the Union’ in authorization of the author.6 Articles 2 to 6 of the Berne Convention will be read as if it were a reference to a Contracting Article 7 Party to this Treaty, in the application of those [Right of Rental] Berne Articles in respect of protection pro- vided for in this Treaty. It is also understood (1) Authors of that the expression ‘country outside the Union’ in those Articles in the Berne Convention (i) computer programs; will, in the same circumstances, be read as if it (ii) cinematographic works; and were a reference to a country that is not a (iii) works embodied in phonograms, as Contracting Party to this Treaty, and that this determined in the national law of Convention in Articles 2(8), 2bis(2), 3, 4 and 5 Contracting Parties, of the Berne Convention will be read as if it were a reference to the Berne Convention and this Treaty. Finally, it is understood that a reference in Articles 3 to 6 of the Berne Con- 5 Agreed statements concerning Article 5: vention to a ‘national of one of the countries of The scope of protection for compilations of the Union’ will, when these Articles are applied data (databases) under Article 5 of this Treaty, to this Treaty, mean, in regard to an inter- read with Article 2, is consistent with Article 2 governmental organization that is a Contract- of the Berne Convention and on a par with the ing Party to this Treaty, a national of one of the relevant provisions of the TRIPS Agreement. countries that is member of that organization. 6 Agreed statements concerning Articles 6 4 Agreed statements concerning Article 4: and 7: As used in these Articles, the expressions The scope of protection for computer pro- ‘copies’ and ‘original and copies’, being subject grams under Article 4 of this Treaty, read with to the right of distribution and the right of Article 2, is consistent with Article 2 of the rental under the said Articles, refer exclusively Berne Convention and on a par with the to fixed copies that can be put into circulation relevant provisions of the TRIPS Agreement. as tangible objects.

1397 Appendix 7 shall enjoy the exclusive right of authorizing access these works from a place and at a time commercial rental to the public of the originals individually chosen by them.9 or copies of their works. (2) Paragraph (1) shall not apply Article 9 [Duration of the Protection of (i) in the case of computer programs, where Photographic Works] the program itself is not the essential object of the rental; and In respect of photographic works, the Con- (ii) in the case of cinematographic works, tracting Parties shall not apply the provisions unless such commercial rental has led to of Article 7(4) of the Berne Convention. widespread copying of such works materially impairing the exclusive right Article 10 of reproduction. [Limitations and Exceptions] (3) Notwithstanding the provisions of para- (1) Contracting Parties may, in their national graph (1), a Contracting Party that, on April legislation, provide for limitations of or excep- 15, 1994, had and continues to have in force tions to the rights granted to authors of literary a system of equitable remuneration of and artistic works under this Treaty in certain authors for the rental of copies of their works special cases that do not conflict with a normal embodied in phonograms may maintain that exploitation of the work and do not unreason- system provided that the commercial rental of ably prejudice the legitimate interests of the works embodied in phonograms is not giving author. rise to the material impairment of the exclusive right of reproduction of authors.7, 8 (2) Contracting Parties shall, when applying the Berne Convention, confine any limitations Article 8 of or exceptions to rights provided for therein [Right of Communication to the Public] to certain special cases that do not conflict with a normal exploitation of the work and do not Without prejudice to the provisions of Articles unreasonably prejudice the legitimate interests 11(1)(ii), 11bis(1)(i) and (ii), 11ter(1)(ii), of the author.10 14(1)(ii) and 14bis(1) of the Berne Convention, authors of literary and artistic works shall enjoy the exclusive right of authorizing any 9 Agreed statements concerning Article 8: It communication to the public of their works, is understood that the mere provision of phys- by wire or wireless means, including the ical facilities for enabling or making a com- making available to the public of their works munication does not in itself amount to com- munication within the meaning of this Treaty in such a way that members of the public may or the Berne Convention. It is further under- stood that nothing in Article 8 precludes a Con- 7 Agreed statements concerning Articles 6 tracting Party from applying Article 11bis(2). and 7: As used in these Articles, the expressions 10 Agreed statement concerning Article 10: ‘copies’ and ‘original and copies’, being subject It is understood that the provisions of Article to the right of distribution and the right of 10 permit Contracting Parties to carry forward rental under the said Articles, refer exclusively and appropriately extend into the digital to fixed copies that can be put into circulation environment limitations and exceptions in as tangible objects. their national laws which have been considered 8 Agreed statements concerning Article 7: It acceptable under the Berne Convention. Simi- is understood that the obligation under Article larly, these provisions should be understood to 7(1) does not require a Contracting Party to permit Contracting Parties to devise new provide an exclusive right of commercial rental exceptions and limitations that are appropriate to authors who, under that Contracting Party’s in the digital network environment. law, are not granted rights in respect of phono- It is also understood that Article 10(2) grams. It is understood that this obligation neither reduces nor extends the scope of is consistent with Article 14(4) of the TRIPS applicability of the limitations and exceptions Agreement. permitted by the Berne Convention.

1398 WIPO Copyright Treaty 1996

Article 11 Article 13 [Obligations concerning [Application in Time] Technological Measures] Contracting Parties shall apply the provisions Contracting Parties shall provide adequate of Article 18 of the Berne Convention to all legal protection and effective legal remedies protection provided for in this Treaty. against the circumvention of effective techno- logical measures that are used by authors in Article 14 connection with the exercise of their rights [Provisions on Enforcement of Rights] under this Treaty or the Berne Convention and that restrict acts, in respect of their works, (1) Contracting Parties undertake to adopt, which are not authorized by the authors con- in accordance with their legal systems, the cerned or permitted by law. measures necessary to ensure the application of this Treaty. Article 12 (2) Contracting Parties shall ensure that [Obligations concerning Rights enforcement procedures are available under Management Information] their law so as to permit effective action against any act of infringement of rights covered by (1) Contracting Parties shall provide adequate this Treaty, including expeditious remedies to and effective legal remedies against any person prevent infringements and remedies which knowingly performing any of the following constitute a deterrent to further infringements. acts knowing, or with respect to civil remedies having reasonable grounds to know, that it Article 15 will induce, enable, facilitate or conceal an [Assembly] infringement of any right covered by this Treaty or the Berne Convention: (1) (a) The Contracting Parties shall have an Assembly. (i) to remove or alter any electronic rights management information without (b) Each Contracting Party shall be represented authority; by one delegate who may be assisted by (ii) to distribute, import for distribution, alternate delegates, advisors and experts. broadcast or communicate to the public, without authority, works or copies of (c) The expenses of each delegation shall be works knowing that electronic rights man- borne by the Contracting Party that has agement information has been removed or appointed the delegation. The Assembly may altered without authority. ask the World Organiza- tion (hereinafter referred to as ‘WIPO’) to (2) As used in this Article, ‘rights management grant financial assistance to facilitate the par- information’ means information which identi- ticipation of delegations of Contracting Parties fies the work, the author of the work, the that are regarded as developing countries in owner of any right in the work, or information conformity with the established practice of the about the terms and conditions of use of the General Assembly of the United Nations or work, and any numbers or codes that represent that are countries in transition to a market such information, when any of these items of economy. information is attached to a copy of a work or appears in connection with the communica- tion of a work to the public.11 It is further understood that Contracting Parties will not rely on this Article to devise or implement rights management systems that 11 Agreed statements concerning Article 12: would have the effect of imposing formalities It is understood that the reference to which are not permitted under the Berne ‘infringement of any right covered by this Convention or this Treaty, prohibiting the free Treaty or the Berne Convention’ includes both movement of goods or impeding the enjoy- exclusive rights and rights of remuneration. ment of rights under this Treaty.

1399 Appendix 7

(2) (a) The Assembly shall deal with matters intergovernmental organization to become concerning the maintenance and develop- party to this Treaty which declares that it is ment of this Treaty and the application and competent in respect of, and has its own legis- operation of this Treaty. lation binding on all its Member States on, matters covered by this Treaty and that it has (b) The Assembly shall perform the function been duly authorized, in accordance with its allocated to it under Article 17(2) in respect of internal procedures, to become party to this the admission of certain intergovernmental Treaty. organizations to become party to this Treaty. (3) The European Community, having made (c) The Assembly shall decide the convocation the declaration referred to in the preceding of any diplomatic conference for the revision of paragraph in the Diplomatic Conference that this Treaty and give the necessary instructions has adopted this Treaty, may become party to to the Director General of WIPO for the this Treaty. preparation of such diplomatic conference. (3) (a) Each Contracting Party that is a State Article 18 shall have one vote and shall vote only in its [Rights and Obligations under the Treaty] own name. Subject to any specific provisions to the con- (b) Any Contracting Party that is an inter- trary in this Treaty, each Contracting Party governmental organization may participate in shall enjoy all of the rights and assume all of the vote, in place of its Member States, with a the obligations under this Treaty. number of votes equal to the number of its Member States which are party to this Treaty. Article 19 No such intergovernmental organization shall [Signature of the Treaty] participate in the vote if any one of its Member This Treaty shall be open for signature until States exercises its right to vote and vice versa. December 31, 1997, by any Member State of (4) The Assembly shall meet in ordinary WIPO and by the European Community. session once every two years upon convocation by the Director General of WIPO. Article 20 [Entry into Force of the Treaty] (5) The Assembly shall establish its own rules of procedure, including the convocation of This Treaty shall enter into force three extraordinary sessions, the requirements of a months after 30 instruments of ratification or quorum and, subject to the provisions of this accession by States have been deposited with Treaty, the required majority for various kinds the Director General of WIPO. of decisions. Article 21 Article 16 [Effective Date of Becoming Party [International Bureau] to the Treaty] The International Bureau of WIPO shall per- This Treaty shall bind: form the administrative tasks concerning the (i) the 30 States referred to in Article 20, Treaty. from the date on which this Treaty has entered into force; Article 17 (ii) each other State from the expiration of [Eligibility for Becoming Party three months from the date on which the to the Treaty] State has deposited its instrument with the Director General of WIPO; (1) Any Member State of WIPO may become (iii) the European Community, from the party to this Treaty. expiration of three months after the (2) The Assembly may decide to admit any deposit of its instrument of ratification or

1400 WIPO Copyright Treaty 1996

accession if such instrument has been Article 24 deposited after the entry into force of this [Languages of the Treaty] Treaty according to Article 20, or, three months after the entry into force of this (1) This Treaty is signed in a single original Treaty if such instrument has been in English, Arabic, Chinese, French, Russian deposited before the entry into force of and Spanish languages, the versions in all these this Treaty; languages being equally authentic. (iv) any other intergovernmental organization (2) An official text in any language other that is admitted to become party to this than those referred to in paragraph (1) shall be Treaty, from the expiration of three established by the Director General of WIPO months after the deposit of its instrument on the request of an interested party, after of accession. consultation with all the interested parties. For the purposes of this paragraph, ‘interested Article 22 party’ means any Member State of WIPO [No Reservations to the Treaty] whose official language, or one of whose No reservation to this Treaty shall be admitted. official languages, is involved and the European Community, and any other inter- Article 23 governmental organization that may become [Denunciation of the Treaty] party to this Treaty, if one of its official lan- guages is involved. This Treaty may be denounced by any Con- tracting Party by notification addressed to the Article 25 Director General of WIPO. Any denunciation [Depositary] shall take effect one year from the date on which the Director General of WIPO received The Director General of WIPO is the the notification. depositary of this Treaty.

1401