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Overview of Copyright Issues

Geidy Lung

Legal Officer, WIPO Copyright Law Division

WIPO Regional Symposium on Copyright in Educational Institutions and Libraries in the Digital EraHong Kong SAR - March 15 and 16, 2004

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Outline

• International copyright protection and technological developments

• Main features of the WIPO Internet Treaties

• Controversial issues

• Licensing

• The way forward

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International Legal System

Berne Convention (1971)

TRIPS Agreement (1994)

WIPO Internet Treaties (WCT and WPPT) (1996)

Rome Convention (1961)

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Berne TRIPS

1967-1971 1994

Reprography, videotechnology, casettes, CDs, satellite broadcasting, cable television,software, databases, digital media

From the 70’s Internet boom

”guided development"1975 1990

Technological Development and International Treaties

WCTWPPT

1996

Rome

1961

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Digital Agenda

Rights for transmissionsin interactive

digital networks

Limitations and Exceptions

Technological Measures

of Protection

Management rights information

Right of Reproduction

WIPO Internet Treaties

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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: geidy.lung@wipo.int