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26Th Year - No Copyright 26th year - No. 9 Monthly Review of the September 1990 World Intellectual Property Organization (WIPO) NOTIFICATIONS CONCERNING TREATIES Satellites Convention. Accession: Australia 239 Treaty on the International Registration of Audiovisual Works Ratifications: Austria. Burkina Faso 239 Approval: France 239 Treaty on Intellectual Property in Respect of Integrated Circuits. Ratification: Egypt .... 240 WIPO MEETINGS Committee of Experts on Model Provisions for Legislation in the Field of Copyright. Third Session (Geneva. July 2 to 13. 1990) 241 STUDIES Some Questions Underlying the Draft Model Provisions for Legislation in the Field of Copyright—A Pragmatic Approach, by Miguel Angel Emery1 302 CALENDAR OF MEETINGS 317 COPYRIGHT AND NEIGHBORING RIGHTS LAWS AND TREATIES (INSERT) Editor's Note GABON Law Instituting Protection for Copyright and Neighboring Rights (No. 1/87. of July 29. 1987) .' Text I —01 WIPO 1990 Any reproduction of official notes or reports, articles and translations of laws or agreements, published in this review, is authorized only with the prior consent of WIPO. NOTIFICATIONS CONCERNING TREATIES 239 Notifications Concerning Treaties Satellites Convention Accession AUSTRALIA The Secretary-General of the United Nations Transmitted by Satellite, adopted at Brussels on notified the Director General of the World Intellec- May 21. 1974. tual Property Organization that the Government of The said Convention will enter into force, for Australia deposited, on July 26, 1990, its instru- Australia, three months after the date of deposit of ment of accession to the Convention Relating to its instrument of accession, that is on October 26. the Distribution of Programme-Carrying Signals 1990. Treat}' on the International Registration of Audiovisual Works Ratifications AUSTRIA The Government of the Republic of Austria de- will be notified when the required number of ratifi- posited, on August 6, 1990. its instrument of ratifi- cations, acceptances, approvals or accessions is cation of the Treaty on the International Registra- reached in accordance with Article 12(1) of the tion of Audiovisual Works, adopted at Geneva on said Treaty. April 18, 1989. The date of entry into force of the said Treaty IRAW Notification No. 3, of August 8. 1990. BURKINA FASO The Government of Burkina Faso deposited, on will be notified when the required number of ratifi- June 11, 1990. its instrument of ratification of the cations, acceptances, approvals or accessions is Treaty on the International Registration of Audio- reached in accordance with Article 12( 1 ) of the visual Works, adopted at Geneva on April 18. said Treaty. 1989. The date of entrv into force of the said Treaty- IRAW Notification No. 2, of August 8, 1990. Approval FRANCE The Government of the Republic of France de- will be notified when the required number of ratifi- posited, on August 14, 1990, its instrument of ap- cations, acceptances, approvals or accessions is proval of the Treaty on the International Registra- reached in accordance with Article 12( 1 ) of the tion of Audiovisual Works, adopted at Geneva on said Treaty. April 18, 1989. The date of entrv into force of the said Treaty IRAW Notification No. 4. of August 20. 1990. WIPO MEETINGS 241 WIPO Meetings • Committee of Experts on Model Provisions for Legislation in the Field of Copyright Third Session (Geneva, July 2 to 13, 1990) Editor's Note. What is published in the follow- Ad Section l(i) ("Audiovisual Work") 67 to 73 ing on this Committee of Experts consists of the Ad Section l(ii) ("Author") 74 to 89 Ad Section I(iii) ("Broadcasting") 90 to 108 text of the memorandum that the International Bu- The Definition of "Broadcasting" in the reau of WIPO has prepared for the Committee of Berne Convention and in the ITU Reg- Experts (hereinafter referred to as "the preparatory ulations 94 to 96 document") and the report on the discussions and Fixed Service Satellites and the Question of conclusions of the Committee of Experts. "Pure Signal Transport" 97 to 100 Direct Broadcasting Satellites 101 to IDS The preparatory document was published on Ad Section 1 (iv) ("Collective Work") 109 to 127 March 30. 1990, under the title "Draft Model Law Collective Works Proper 110 to 119 on Copyright" and it has the document number Computer-Produced Works ( the So-Called CE/MPC/III/2. "Computer-Generated Works" ) 120 to 127 Ad Section I(xviii) ("Work") The report was adopted by the Committee of 128 to 131 Ad "Chapter II : Subject Matter of Protection," in Experts on July 13, 1990, and it has the document General 132 to 134 number CE/MPC/III/3. Ad Section 3: Subject Matter of Protection: Works 135 to 161 Basic Elements of the Definition of Literary and Artistic Works 137 to 143 Protection of Computer Programs 144 to 148 PREPARATORY DOCUMENT Protection of Sound Recordings 149 to 157 Protection of Expressions of Folklore 158 to 161 Ad Section 5: Subject Matter Not Protected 162 to 165 Draft Model Law on Copyright Ad "Chapter III: Rights Protected." in General 166 Ad Section 7: Moral Rights 167 to 175 Ad Section 8: Economic Rights 176 to 226 The Right of Distribution and the Berne Convention 184 to 193 TABLE OF CONTENTS The Exhaustion Theory 194 to 198 Public Lending 199 to 219 Paragraphs Alternatives to a General Right of Distribu- tion (the "Droit de destination" and /. Introduction 1 to 14 the Right of Rental) 220 to 226 II. General Remarks Concerning the Sature and Ad "Chapter IV: Limitations on Economic Contents of the Model Law 15 to 59 Rights." in General 227 to 234 Ad Sections 12: Free Use for Teaching. The Purpose of the Model Law and the Level of 13: Free Reproduction by Libraries and Protection To Be Proposed by It 16 to 21 Archives and 23: Non-Voluntary Licenses The Relationship Between the Berne Convention for Reprographic Reproduction for Inter- and the Model Law 22 to 30 nal Purposes 235 to 242 The Model Law and the Different Approaches to Ad Section 17: Free Reproduction and Adap- Copyright 31 to 36 tation of Computer Programs 243 to 245 The Model Law and the So-Called Neighboring Ad Sections 19: Free Resale [and Lending] and Rights 37 to 45 25: Non-Voluntary License for Public The Model Law and the Protection of Expressions Lending 246 of Folklore 46 to 59 Ad Section 22 : Non-Voluntary License for Re- ///. Issues in Respect of Which Further Advice Is production for Private Purposes 247 to 250 Sought 60 to 340 Ad "Chapter V: Duration of Protection," in Gen- \d "Chapter I: Definitions." in General 60 to 66 eral 251 to 254 242 COPYRIGHT - SEPTEMBER 1990 Ad "Chapter VI: Ownership of Rights." in Gen- world. 'More effective' means that the norms eral 255 to 259 (standards) of protection are raised, where Ad "Chapter VII: Transfer of Rights. Licenses. necessary, to the required level and that the Waiving the Exercise of Moral Rights." in enforcement of the intellectual property rights General 260 to 264 Ad Section 43: Form of Contracts 265 to 269 will be easier and the sanctions for infringement Ad Section 49: Waiving the Exercise of Moral stricter. This objective may be achieved by cre- Rights 270 to 283 ating new treaty obligations or by persua- Ad "Chapter VIII: Collective Administration of sion... As far as action by persuasion is con- Economic Rights.** in General 284 to 286 cerned, this item proposes that guidelines or Possible Presumptions Concerning the Man- model provisions for legislation be prepared on date of Collective Administration Organi- zations 287 to 295 selected questions of industrial property (not Possible Obligations of Users to Facilitate covered by the harmonization treaties) and in Monitoring Uses and Collecting Fees 296 to 299 the entire field of copyright. Naturally, effective Ad "Chapter IX : Obligations Concerning Equip- enforcement is also a subject matter for the trea- ment Used for Acts Covered by Protection." ties and guidelines or model provisions men- in General 300 to 302 tioned in this item." Ad Section 54: Obligations Concerning Equip- ment: Protection Against Uses Conflicting with a Normal Exploitation of Works 303 to 311 4. Concerning the expected results, the program Ad Section 56: Obligations Concerning Equip- stated, inter alia, the following: ment : Control of Uses of Works 312 to 318 Possible Provisions Against Unauthorized De- "It is expected that the guidelines or model coders 319 to 338 provisions will inspire and influence govern- Types of Encrypted Television Programs 321 to 324 ments and legislators to improve their intellec- Unauthorized Decoding and Its Conse- tual property laws and opt for solutions that will quences 325 to 327 Copyright Qualification of Making Unau- increase the degree of similarity among legisla- thorized Decoders Available 328 to 332 tions whenever the special interests of a country- Provisions in National Laws Against Unau- do not require different solutions." thorized Decoders 333 to 338 Ad Annexes A and B Concerning Compulsory 5. Finally, as regards the nature and form of the Translation and Reproduction Licenses 339 and 340 norms to be proposed, the program stated as fol- lows: I. INTRODUCTION "The norms (standards) will take the form of guidelines or model provisions for national or 1. The Committee of Experts for the third session regional legislations and, in respect of questions of which the present memorandum has been pre- for which the conclusion of a multilateral treaty pared (hereinafter: "the Committee") started its has serious chances of being successful, the work by virtue of the decision taken by the Govern- norms (standards) will take the form of draft ing Bodies of the World Intellectual Property Orga- treaties. Guidelines are indications of how to nization (WIPO) and the Unions administered by achieve certain objectives, and 'model' provi- WIPO (hereinafter: "Governing Bodies") at their sions are mere examples ('models').
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