Transcript Overview of Copyright Issues

WIPO Regional Symposium on Copyright in
Educational Institutions and Libraries
in the Digital Era
Hong Kong SAR - March 15 and 16, 2004
Overview of Copyright Issues
Geidy Lung
Legal Officer, WIPO Copyright Law Division
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Outline
• International copyright protection and
technological developments
• Main features of the WIPO Internet
Treaties
• Controversial issues
• Licensing
• The way forward
2
International Legal System
Berne Convention (1971)
Rome Convention (1961)
TRIPS Agreement (1994)
WIPO Internet Treaties (WCT and WPPT) (1996)
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Technological Development
and International Treaties
Rome
1961
Berne
1967-1971
TRIPS
1975
1990
”guided development"
WCT
WPPT
1994 1996
From the 70’s
Internet boom
Reprography, videotechnology, casettes, CDs,
satellite broadcasting, cable television,
software, databases, digital media
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WIPO Internet Treaties
Right of Reproduction
Rights for
transmissions
in interactive
digital networks
Management
rights information
Digital Agenda
Technological
Measures
of Protection
Limitations and
Exceptions
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Internet Treaties
• Common provisions:
– right of distribution
– limited rental right
• WCT:
– software and databases
– duration: extension of the term for photographic works
• WPPT:
– sound performances
– moral rights
– remuneration rights for performers and producers of
phonograms
– duration: 50 years
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Controversial issues (I)
• digital rights management technologies (DRMs)
– simple access to content
– exercise of right of quotation or use for research and teaching
purposes
– works already in the public domain
– in general, fair use, fair dealing or any other statutory limitation
such as preservation or archiving
to bear in mind:
– DRMs are neutral
– circumventing is difficult and expensive
– trafficking is prohibited by many national laws
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Controversial issues (II)
• “click-on” or “shrink wrap” licenses
– restrict uses allowed under limitations to copyright
– overridibility by contractual means
– binding foreign law
to bear in mind:
– the answer seems to vary from one legislation to another
– principle of freedom of contract
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Controversial issues (III)
• digital delivery services
• digital loan to remote-location users
• interlibrary loans
– analog environment: printed material
– traditional exceptions: private use, information purposes,
public interest
to bear in mind:
– 3-step test
– operation of the right of distribution
– wide-scale reproduction and dissemination
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Controversial issues (IV)
• digitization for preservation purposes
• preparation of e-reserves for students
– Analog environment: printed material
– traditional exceptions: library exceptions, teaching and
information purposes, public interest
to bear in mind:
– 3-step test
– operation of the rights of reproduction and making available
– wide-scale reproduction and dissemination
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Licensing
• legal status of the uses of works
• variation in national legislation
–
–
–
–
free uses: strict conditions to be set
compulsory licensing
extended licensing
voluntary licensing
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The way forward
• Implementation of the Internet Treaties
• Internet service providers liability
• Protection of broadcasting organizations
• Non-original databases
• Jurisdiction and applicable law in Internet
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Thank you
http://www.wipo.int/copyright
e-mail: [email protected]
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