World Intellectual Property Organization: Copyright Treaty

Article 1
Relation to the Berne Convention

(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.

(2) Nothing in this Treaty shall derogate from existing obligations that
Contracting Parties have to each other under the Berne Convention for the
Protection of Literary and Artistic Works.

(3) Hereinafter, “Berne Convention”shall refer to the Paris Act of July 24,
1971 of the Berne Convention for the Protection of Literary and Artistic Works.

(4) Contracting Parties shall comply with Articles 1 to 21 and the Appendix of
the Berne Convention.

Article
Scope of Copyright Protection

Copyright protection extends to expressions and not to ideas, procedures,
methods of operation or mathematical concepts as such.
Article 3
Application of Articles 2 to 6 of the Berne Convention

Contracting Parties shall apply mutatis mutandis the provisions of Articles 2 to
6 of the Berne Convention in respect of the protection provided for in this
Treaty.

Article 4
Computer Programs

Computer programs are protected as literary works within the meaning of Article
2 of the Berne Convention. Such protection applies to computer programs,
whatever may be the mode or form of their expression.

Article 5
Compilations of Data (Databases)

Compilations of data or other material, in any form, which by reason of the
selection or arrangement of their contents constitute intellectual creations,
are protected as such. This protection does not extend to the data or the
material itself and is without prejudice to any copyright subsisting in the data
or material contained in the compilation.

Article 6
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

(1) Authors of:

(i) computer programs;

(ii) cinematographic works; and

(iii) works embodied in phonograms, as determined in the national law of
Contracting Parties,

shall enjoy the exclusive right of authorizing commercial rental to the public
of the originals or copies of their works.

(2) Paragraph (1) shall not apply:

(i) in the case of computer programs, where the program itself is not the
essential object of the rental; and

(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

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 9
Duration of the Protection of Photographic Works

In respect of photographic works, the Contracting Parties shall not apply the
provisions of Article 7(4) of the Berne Convention.

Article 10
Limitations and Exceptions

(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
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.

Author: international

Mentioned in these Entries

International Conventions from 1991, Trade and Commercial Relations conventions.