 |
Law-ref.org | WIPO COPYRIGHT TREATY |
Site search
Sister sites
right [Global Index]
... Desiring to develop and maintain the protection of the
rights of authors in their literary and artistic works in a manner as effective
and uniform as possible, ...
... Recognizing the need to maintain a balance between the
rights of authors and the larger public interest, particularly education,
research and access to information, as reflected in the Berne Convention,
...
ARTICLE-1: Relation to the Berne Convention [go to this ARTICLE]
... (1) This Treaty is a special agreement within the meaning of
Article 20 of the Berne Convention for the Protection of Literary and Artistic
Works, as regards Contracting Parties that are countries of the Union established
by that Convention. This Treaty shall not have any connection with treaties
other than the Berne Convention, nor shall it prejudice any rights and obligations
under any other treaties. ...
ARTICLE-6: Right of Distribution [go to this ARTICLE]
... Right of Distribution ...
... (1) Authors of literary and artistic works shall enjoy the exclusive
right of authorizing the making available to the public of the original and
copies of their works through sale or other transfer of ownership. ...
... (2) Nothing in this Treaty shall affect the freedom of Contracting
Parties to determine the conditions, if any, under which the exhaustion of
the right in paragraph (1) applies after the first sale or other transfer
of ownership of the original or a copy of the work with the authorization
of the author. ...
ARTICLE-7: Right of Rental [go to this ARTICLE]
... Right of Rental ...
... shall enjoy the exclusive right of authorizing commercial rental
to the public of the originals or copies of their works. ...
... (ii) in the case of cinematographic works, unless such commercial
rental has led to widespread copying of such works materially impairing the
exclusive right of reproduction. ...
... (3) Notwithstanding the provisions of paragraph (1), a Contracting
Party that, on April 15, 1994, had and continues to have in force a system
of equitable remuneration of authors for the rental of copies of their works
embodied in phonograms may maintain that system provided that the commercial
rental of works embodied in phonograms is not giving rise to the material
impairment of the exclusive right of reproduction of authors. ...
ARTICLE-8: Right of Communication to the Public [go to this ARTICLE]
... Without prejudice to the provisions of Articles 11(1)(ii), 11bis(1)(i)
and (ii), 11ter(1)(ii), 14(1)(ii) and 14bis(1) of the Berne
Convention, authors of literary and artistic works shall enjoy the exclusive
right of authorizing any communication to the public of their works, by wire
or wireless means, including the making available to the public of their works
in such a way that members of the public may access these works from a place
and at a time individually chosen by them. ...
ARTICLE-10: Limitations and Exceptions [go to this ARTICLE]
... (1) Contracting Parties may, in their national legislation,
provide for limitations of or exceptions to the rights granted to authors
of literary and artistic works under this Treaty in certain special cases
that do not conflict with a normal exploitation of the work and do not unreasonably
prejudice the legitimate interests of the author. ...
... (2) Contracting Parties shall, when applying the Berne Convention,
confine any limitations of or exceptions to rights provided for therein to
certain special cases that do not conflict with a normal exploitation of the
work and do not unreasonably prejudice the legitimate interests of the author.
...
ARTICLE-11: Obligations concerning Technological Measures [go to this ARTICLE]
... Contracting Parties shall provide adequate legal protection
and effective legal remedies against the circumvention of effective technological
measures that are used by authors in connection with the exercise of their
rights under this Treaty or the Berne Convention and that restrict acts, in
respect of their works, which are not authorized by the authors concerned
or permitted by law. ...
ARTICLE-12: Obligations concerning Rights Management Information [go to this ARTICLE]
... (1) Contracting Parties shall provide adequate and effective
legal remedies against any person knowingly performing any of the following
acts knowing, or with respect to civil remedies having reasonable grounds
to know, that it will induce, enable, facilitate or conceal an infringement
of any right covered by this Treaty or the Berne Convention: ...
... (ii) to distribute, import for distribution, broadcast or communicate
to the public, without authority, works or copies of works knowing that electronic
rights management information has been removed or altered without authority.
...
... (2) As used in this Article, “rights management information”
means information which identifies the work, the author of the work, the owner
of any right in the work, or information about the terms and conditions of
use of the work, and any numbers or codes that represent such information,
when any of these items of information is attached to a copy of a work or
appears in connection with the communication of a work to the public. ...
... (2) As used in this Article, “rights management information”
means information which identifies the work, the author of the work, the owner
of any right in the work, or information about the terms and conditions of
use of the work, and any numbers or codes that represent such information,
when any of these items of information is attached to a copy of a work or
appears in connection with the communication of a work to the public. ...
ARTICLE-14: Provisions on Enforcement of Rights [go to this ARTICLE]
... Provisions on Enforcement of Rights ...
... (2) Contracting Parties shall ensure that enforcement procedures
are available under their law so as to permit effective action against any
act of infringement of rights covered by this Treaty, including expeditious
remedies to prevent infringements and remedies which constitute a deterrent
to further infringements. ...
ARTICLE-15: Assembly [go to this ARTICLE]
... (b) Any Contracting Party that is an intergovernmental organization
may participate in the vote, in place of its Member States, with a number
of votes equal to the number of its Member States which are party to this
Treaty. No such intergovernmental organization shall participate in the vote
if any one of its Member States exercises its right to vote and vice versa.
...
ARTICLE-18: Rights and Obligations under the Treaty [go to this ARTICLE]
... Subject to any specific provisions to the contrary in this Treaty,
each Contracting Party shall enjoy all of the rights and assume all of the
obligations under this Treaty. ...