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The WIPO Internet Treaties

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The WIPO Internet Treaties WORLD General INTELLECTUAL In December 1996, two new treaties were PROPERTY concluded at the World Intellectual Property ORGANIZATION Organization (WIPO): the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT). Together, these WIPO is committed to working towards the treaties represent a milestone in modernizing the broadest possible adherence to the treaties international system of copyright and related around the world in order to safeguard global rights, ushering that system into the digital age. protection for creativity. This project is a key item on the WIPO Digital Agenda, approved by the Background Member States in September 1999. The WIPO Copyright law provides protection for literary and Informationwww.wipo.int on the current situation regarding the Internet artistic works, giving their creators the ability WCT and the WPPT is available on our website at to control certain uses of their works. The law of <http://www.wipo.int/treaties/ip/index.html>. related rights (that is, rights related to copyright) Treaties provides similar protection for the creative For more information contact the contributions of parties involved in presenting World Intellectual Property Organization at: works to the public, such as performers, Address: Telephone: phonogram producers, and broadcasters. 34, chemin des Colombettes +41 22 338 91 11 Copyright and related rights are provided by P.O. Box 18 Fax: CH-1211 Geneva 20 +41 22 733 54 28 national laws in individual countries. International Switzerland E-mail: treaties link the various national laws by ensuring [email protected] that at least a minimum level of rights will be or its New York Coordination Office at: www.wipo.int granted to creators under each national law. The Address: Telephone: treaties do not themselves grant rights, but rather 2, United Nations Plaza +1 212 963 6813 www.wipo.int Suite 2525 Fax: require the countries that join the treaties to grant New York, N.Y. 10017 +1 212 963 4801 certain rights specified on a nondiscriminatory United States of America E-mail: [email protected] basis. Visit the WIPO website at: http://www.wipo.int and order from the WIPO Electronic Bookshop at: http://www.wipo.int/ebookshop www.wipo.intWIPO Publication No. L450IN/E ISBN 92-805-0889-X The purpose of the two new WIPO treaties is to protected when their works are disseminated that is, information which accompanies any update and improve the protection of the already through new technologies and communications protected material available on-line, and which existing copyright and related rights treaties. systems such as the Internet. The treaties thus identifies the work, its creator, performer, or Those existing treaties date back more than clarify, first, that the traditional right of reproduction owner, and the terms and conditions for its use. a quarter of a century, to the days before the continues to apply in the digital environment, development of personal computers and the including to the storage of material in digital form To maintain a fair balance of interests between the Both treaties deal with other matters as well, Internet. The WCT and WPPT contain a number in an electronic medium. Second, they clarify that owners of rights and the consuming public, the not specific to the digital environment. These of new standards and serve to clarify the older the owners of rights can control whether and how treaties further clarify that countries have reasonable include rights of distribution and rental, the right treaties. Most important, the WCT and WPPT their creations are made available online to flexibility in establishing exceptions or limitations to receive payments for certain forms of provide responses to the challenges of the new individual consumers at a time and a place chosen to rights in the digital environment. Countries may, broadcasting or communication to the public, and digital technologies. For this reason they have by the consumer, e.g., at home via the Internet. in appropriate circumstances, grant exceptions for an obligation for countries to provide adequate come to be known as the “Internet treaties.” uses deemed to be in the public interest, such as and effective measures allowing rightsholders to for non-profit educational and research purposes. enforce their rights against infringement. Main Elements of the Treaties The two treaties also break new ground by The WCT protects literary and artistic works such requiring countries to provide not only the rights as books, computer programs, music, photography, themselves, but also two types of technological paintings, sculpture and films. adjuncts to the rights. These are intended to ensure that rightholders can effectively use technology to The WPPT protects the rights of the producers of protect their rights and to license their works phonograms or sound recordings (e.g., records, online. The first, known as the “anti-circumvention” Status cassettes, CDs), as well as the rights of performers provision, tackles the problem of “hacking”: whose performances are fixed in sound recordings. it requires countries to provide adequate legal The WCT and the WPPT entered into force on protection and effective remedies against the March 6, 2002, and May 20, 2002, respectively. Both treaties require countries to provide a circumvention of technological measures (such as Each treaty had to be ratified or acceded to by framework of basic rights, allowing creators to encryption) used by rightholders to protect their 30 countries before it entered into force. control and/or be compensated for the various rights when their creations are disseminated on The countries which have adhered to the treaties ways in which their creations are used and the Internet. The second type of technological come from all regions of the world, and include enjoyed by others. Most important at the adjunct safeguards the reliability and integrity of both developing and developed countries. beginning of the new millennium, the treaties the online marketplace by requiring countries to ensure that the owners of those rights will prohibit the deliberate alteration or deletion of continue to be adequately and effectively electronic “rights management information”: .
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