World Intellectual Property Organization Copyright Treaty
Encyclopedia
The World Intellectual Property Organization Copyright Treaty, abbreviated as the WIPO Copyright Treaty, is an international treaty
on copyright law adopted by the member states of the World Intellectual Property Organization
(WIPO) in 1996. It provides additional protections for copyright
deemed necessary due to advances in information technology
since the formation of previous copyright treaties before it. There have been a variety of criticisms of this treaty, including that it is overbroad (for example in its prohibition of circumvention of technical protection measures, even where such circumvention is used in the pursuit of legal and fair use rights) and that it applies a 'one size fits all' standard to all signatory countries despite widely differing stages of economic development and knowledge industry.
It ensures that computer program
s are protected as literary works (Article 4), and that the arrangement and selection of material in database
s is protected (Article 5).
It provides author
s of works with control over their rental and distribution in Articles 6 to 8 which they may not have under the Berne Convention
alone. It also prohibits circumvention of technological measures
for the protection of works (Article 11) and unauthorised modification of rights management information contained in works (Article 12).
The WIPO Copyright Treaty is implemented in United States
law by the Digital Millennium Copyright Act
(DMCA). By Decision 2000/278/EC of 16 March 2000, the Council of the European Union
approved the treaty on behalf of the European Community. European Union Directive
s which largely cover the subject matter of the treaty are: Directive 91/250/EC
creating copyright protection for software, Directive 96/9/EC
on copyright protection for databases and Directive 2001/29/EC prohibiting devices for circumventing "technical protection measures" such as digital rights management
.
However, the WIPO Copyright Treaty made no reference to copyright term extension beyond the existing terms of the Berne Convention
, but there was a degree of association. This was because the United States Congress
passed both the Digital Millennium Copyright Act and Sonny Bono Copyright Term Extension Act, which enacts copyright term extension during the same week and used the same method using voice vote
to make it less likely that the news media would report on the bills. In addition, the European Union
adopted its own copyright term extension around the same time.
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
on copyright law adopted by the member states of the World Intellectual Property Organization
World Intellectual Property Organization
The World Intellectual Property Organization is one of the 17 specialized agencies of the United Nations. WIPO was created in 1967 "to encourage creative activity, to promote the protection of intellectual property throughout the world"....
(WIPO) in 1996. It provides additional protections for copyright
Copyright
Copyright is a legal concept, enacted by most governments, giving the creator of an original work exclusive rights to it, usually for a limited time...
deemed necessary due to advances in information technology
Information technology
Information technology is the acquisition, processing, storage and dissemination of vocal, pictorial, textual and numerical information by a microelectronics-based combination of computing and telecommunications...
since the formation of previous copyright treaties before it. There have been a variety of criticisms of this treaty, including that it is overbroad (for example in its prohibition of circumvention of technical protection measures, even where such circumvention is used in the pursuit of legal and fair use rights) and that it applies a 'one size fits all' standard to all signatory countries despite widely differing stages of economic development and knowledge industry.
It ensures that computer program
Computer program
A computer program is a sequence of instructions written to perform a specified task with a computer. A computer requires programs to function, typically executing the program's instructions in a central processor. The program has an executable form that the computer can use directly to execute...
s are protected as literary works (Article 4), and that the arrangement and selection of material in database
Database
A database is an organized collection of data for one or more purposes, usually in digital form. The data are typically organized to model relevant aspects of reality , in a way that supports processes requiring this information...
s is protected (Article 5).
It provides author
Author
An author is broadly defined as "the person who originates or gives existence to anything" and that authorship determines responsibility for what is created. Narrowly defined, an author is the originator of any written work.-Legal significance:...
s of works with control over their rental and distribution in Articles 6 to 8 which they may not have under the Berne Convention
Berne Convention for the Protection of Literary and Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland in 1886.- Content :...
alone. It also prohibits circumvention of technological measures
Anti-circumvention
Anti-circumvention refers to laws which prohibit the circumvention of technological barriers for using a digital good in certain ways which the rightsholders do not wish to allow...
for the protection of works (Article 11) and unauthorised modification of rights management information contained in works (Article 12).
The WIPO Copyright Treaty is implemented in United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
law by the Digital Millennium Copyright Act
Digital Millennium Copyright Act
The Digital Millennium Copyright Act is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization . It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to...
(DMCA). By Decision 2000/278/EC of 16 March 2000, the Council of the European Union
Council of the European Union
The Council of the European Union is the institution in the legislature of the European Union representing the executives of member states, the other legislative body being the European Parliament. The Council is composed of twenty-seven national ministers...
approved the treaty on behalf of the European Community. European Union Directive
European Union directive
A directive is a legislative act of the European Union, which requires member states to achieve a particular result without dictating the means of achieving that result. It can be distinguished from regulations which are self-executing and do not require any implementing measures. Directives...
s which largely cover the subject matter of the treaty are: Directive 91/250/EC
Directive on the legal protection of computer programs
NOTE: Council Directive 91/250/EEC has been replaced by Directive 2009/24/ECCouncil Directive 91/250/EEC of 14 May 1991 on the legal protection of computer programs is a European Union directive in the field of copyright law, made under the internal market provisions of the Treaty of Rome...
creating copyright protection for software, Directive 96/9/EC
Directive on the legal protection of databases
The Directive 96/9/EC of the European Parliament and of the Council of 11 March 1996 on the legal protection of databasesis a European Union directive in the field of copyright law, made under the internal marketprovisions of the Treaty of Rome...
on copyright protection for databases and Directive 2001/29/EC prohibiting devices for circumventing "technical protection measures" such as digital rights management
Digital rights management
Digital rights management is a class of access control technologies that are used by hardware manufacturers, publishers, copyright holders and individuals with the intent to limit the use of digital content and devices after sale. DRM is any technology that inhibits uses of digital content that...
.
However, the WIPO Copyright Treaty made no reference to copyright term extension beyond the existing terms of the Berne Convention
Berne Convention for the Protection of Literary and Artistic Works
The Berne Convention for the Protection of Literary and Artistic Works, usually known as the Berne Convention, is an international agreement governing copyright, which was first accepted in Berne, Switzerland in 1886.- Content :...
, but there was a degree of association. This was because the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
passed both the Digital Millennium Copyright Act and Sonny Bono Copyright Term Extension Act, which enacts copyright term extension during the same week and used the same method using voice vote
Voice vote
A voice vote is a voting method used by deliberative assemblies in which a vote is taken on a topic or motion by responding verbally....
to make it less likely that the news media would report on the bills. In addition, the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
adopted its own copyright term extension around the same time.
See also
- List of parties to international copyright treaties
- Agreement on Trade-Related Aspects of Intellectual Property RightsAgreement on Trade-Related Aspects of Intellectual Property RightsThe Agreement on Trade Related Aspects of Intellectual Property Rights is an international agreement administered by the World Trade Organization that sets down minimum standards for many forms of intellectual property regulation as applied to nationals of other WTO Members...
(TRIPs) - Software patents under TRIPs AgreementSoftware patents under TRIPs AgreementThe WTO's Agreement on Trade-Related Aspects of Intellectual Property Rights , particularly Article 27, is occasionally referenced in the political debate on the international legal framework for the patentability of software, and on whether software and computer-implemented inventions should be...
- WIPO Performances and Phonograms TreatyWIPO Performances and Phonograms TreatyThe WIPO Performances and Phonograms Treaty is an international treaty signed by the member states of the World Intellectual Property Organization was adopted in Geneva on December 20, 1996...
(WPPT)
External links and references
- The text of the treaty is available at:
- http://www.wipo.int/treaties/en/ip/wct/trtdocs_wo033.html
- The parties to the treaty are listed at:
- http://www.wipo.int/treaties/en/ShowResults.jsp?lang=en&treaty_id=16
- Gasaway, L.: Databases and The Law, Cyberspace law course, Spring 2006, University of North Carolina at Chapel HillUniversity of North Carolina at Chapel HillThe University of North Carolina at Chapel Hill is a public research university located in Chapel Hill, North Carolina, United States...
. Discussion of the protection on databases. URL last accessed 2007-04-14.