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WIPO Worldwide Symposium on the Impact of Digital Technology On WIPO WORLDWIDE SYMPOSIUM ON THE IMPACT OF DIGITAL TECHNOLOGY ON COPYRIGHT AND NEIGHBORING RIGHTS Harvard University, Cambridge, Massachusetts, United States Of America March 31 to April 2, 1993 WORLD INTELLECTUAL PROPERTY ORGANIZATION GENEVA 1993 WIPO PUBLICATION No. 723 (E) ISBN 92-805-0472-X WIPO 1993 The cover illustration is adapted from a photograph of some of the characteristic buildings of Harvard University, taken by Steven Dunwell. lt appears here with his consent through special arrangement with The Image Bank, Switzerland. - i - PREFACE The World Intellectual Property Organization (WIPO) organized a Worldwide Symposium on the Impact of Digital Technology on Copyright and Neighboring Rights at the Harvard Law School in Cambridge, Massachusetts, United States of America, from March 31 to April 2, 1993. The expression "digital technology" refers to the use of equipment, and principally computers, which can accept and interpret digital data. The word "digital," which comes from "digits," means that information is reduced to a binary code of zeros and ones. Digital technology is spreading into many new and sometimes uncharted fields, mostly driven by two technological trends. First, many types of data and an ever-increasing variety of literary and artistic creations can be expressed in digital code, permitting manipulation and exchange of data that were unimaginable only a few years ago. New computer-enhanced sampling and synthesizing methods used for creation of sound recordings, perfect recordings on compact disks (CDs), the distortion-free reproduction of digital recordings, computer-generated special effects for motion pictures, and crystal-clear cable distribution or broadcasting of musical works and (in the near future) audiovisual creations, are all possible through digital technology. Second, as a result of the rapid evolution of computer technology, a growing segment of the general public can now have access to more and more powerful, yet smaller and smaller, computers with advanced software as well as to on-line data bases including interactive digitalized data bases. Digital technology has opened new prospects for the creation and distribution of productions protected by copyright and neighboring rights. At the same time, if digital technology is applied without appropriate legislative measures adapting international standards and national laws to a qualitatively new situation, the technology may lead to conflict with the normal exploitation of such productions and unreasonably prejudice the legitimate interests of owners of copyright and neighboring rights. It seems, therefore, necessary to consider updating of the existing copyright system in the face of the challenges of this new technology. The Symposium examined the current status and probable evolution of digital technology in all major fields of creation and distribution, as well as its implications for the protection of copyright and neighboring rights. Discussion focused, notably, on the uses of digital technology in the music, audiovisual and information industries and that technology's impact on the creation, dissemination and protection of works and of productions protected by neighboring rights. The scope of rights and the possible limitations on them were considered, as well as certain new technical methods offered by digital technology itself for the protection and administration of rights. Finally, an assessment of the likely long-term impact of digital technology was presented. - ii - The Symposium included presentations by experts from the entertainment sector, the legal profession (both professors and practitioners), the field of computer science, and government. This volume contains the texts of those presentations. The audience consisted of nearly 300 persons from a number of countries, including government officials, representatives of international intergovernmental and non-governmental organizations, business, and the legal profession. A list of the participants appears at the end of this volume. The World Intellectual Property Organization is grateful to Harvard Law School for hosting the meeting. It expresses its thanks to the speakers, and in particular to Professor Arthur R. Miller, whose advice and assistance in respect of the organization of the Symposium was of the utmost importance. August 1993 Arpad Bogsch Director General World Intellectual Property Organization - iii - TABLE OF CONTENTS Preface . i Table of Contents iii 1 Program . Information on the Invited Speakers 5 Opening Address . 17 Dr. Arpad Bogsch Director General of WIPO Welcoming Remarks 21 Reflections on Digital Technology: The Shape of Things to Come . • . Mr. Ralph Oman Register of Copyrights of the United States of America 25 Welcoming Remarks . Professor Robert C. Clark Harvard Law School Cambridge, Massachusetts United States of America I. Concept and General Overview of Digital Technology Digital Technology and the Implications for Intellectual Property . 29 Mr. David Baron Seybold Seminars and Publications Malibu, California United States of America Copyright and Technology: The Analog, the Digital, and the Analogy . • 37 Mr. Morton David Goldberg Mr. Jesse M. Feder Schwab, Goldberg, Price & Dannay New York, N.Y. United States of America - iv - 11. Impact of Digital Technology on the Creation, Dissemination and Protection of Works and Subjects of Neighboring Rights (Publishing, Information Networks, Libraries) The Publisher in the Electronic Age: The Licensing of Rights • . • . 55 Mr. Charles Clark The Publishers Association London United Kingdom Digital Use of Scientific and Technical Information • . • . • . 63 Mr. Jon A. Baumgarten Proskauer, Rose, Goetz & Mendelsohn Washington, D.C. United States of America Alternative Futures for Science and Technology • • . • • • • • • • • . • 73 Dr. William W. Ellis Library of Congress Washington, D.C. United States of America Digital Recording Technologies and Intellectual Property: Promises 79 and Pitfalls for Development . • . • . • . • • Mr. Ashok Bhojwani Advanced Information Technologies New Delhi India Ill. Impact of Digital Technology on the Creation, Dissemination and Protection of Works and Subjects of Neighboring Rights (Audiovisual Works, Sound Recordings, Broadcasting) The Music Industry and Technological Development: 93 Are We Winning the War? . • • • • • . • . • • Mr. Jason S. Berman Recording Industry Association of America, Inc. (RIAA) Washington, D.C. United States of America The Music Industry, Electronic Delivery and Copyright • . • . • • • . 101 Mr. Nicholas Garnett International Federation of the Phonographic Industry (IFPI) London United Kingdom - V - Digital Technology: A Critical Crossroad in International Copyright • • 119 Mr. Robert D. Hadl MCA Inc. Universal City, California United States of America Digital Technology, Sound Recordings, and the Protection of Performers • • . • . • . • . 127 Mr. Bruce A. York Mr. Arthur J. Levine American Federation of Television and Radio Artists (AFTRA) New York, N.Y. United States of America IV. Digital Technology and the Administration of Copyright and Neighboring Rights Copymart: A New Concept--an Application of Digital Technology to the Collective Management of Copyright • . • . • . • . 139 Professor Zentaro Kitagawa Kyoto University Kyoto Japan The Challenges of Collective Administration in the World of Digital Technology • . • • • . • . • • 149 Mrs. Gloria Messinger American Society of Composers, Authors and Publishers (ASCAP) New York, N.Y. United States of America Conflicts and Changes. The New Technologies in the Protection and Administration of Copyright • . • . • . • . • • . • . • . 157 Dr. Peter Gyertyanfy Hungarian Bureau for the Protection of Authors' Rights (ARTISJUS) Budapest Hungary International Identification of Computer Programs and Information Technology Products . • . • . 171 Miss Laurence Guedon Agency for the Protection of Programs (APP) Paris France - vi - V. Conclusions: Copyright, Neighboring Rights and Digital Technology: New Dimensions for Creation, Dissemination and Protection Copyright Digitized: Philosophical Impacts and Practical Implications for Information Exchange in Digital Networks • • . • • • • • . • 187 Dr. Thomas K. Dreier Max-Planck-Institute for Foreign and International Patent, Copyright and Competition Law Munich Germany The Universal Electronic Archive: Issues in International Copyright . 213 Professor Paul Edward Geller University of Southern California Law Center Los Angeles, California United States of America The Impact of Digital Technologies on the Author's Right and 227 Neighboring Rights • . • • • • . • . • . Dr. Andre Lange Institut de l'Audiovisuel et des Telecommunications en Europe (!DATE) Montpellier France Sununary Address Copyright and Digital Technology: Continuity and Progress . • . • . 239 Professor Arthur R. Miller Harvard Law School Cambridge, Massachusetts United States of America List of Participants . 249 - 1 - PROGRAM Wednesday, March 31, 1993 Opening Ceremony Opening statement: Dr. Arpad Bogsch, Director General of WIPO Welcoming remarks: Mr. Ralph Oman, Register of Copyrights, Copyright Office, United States of America Welcoming remarks: Professor Robert C. Clark, Dean of Harvard Law School I. Concept and General Overview of Digital Technology Moderator: Dr. Arpad Bogsch, Director General of WIPO Speakers: Mr. David Baron, Director, Digital World, Associate Editor, Seybold Seminars and Publications, Malibu, California, United States of America Mr. Morton David Goldberg, Schwab,
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