Law N ° 2013-015 Authorizing The Ratification Of The Wipo Treaty On The Law Of Copyright (Wct) And The Treaty Of Wipo On The Interpretations, Performances And Phonograms (Wppt)

Original Language Title: Loi n°2013-015 autorisant la ratification du Traité de l’OMPI sur le droit d’auteur (WCT) et du Traité de l’OMPI sur les interprétations, exécutions et les phonogrammes (WPPT)

Read the untranslated law here: https://www.global-regulation.com/law/madagascar/5960932/loi-n2013-015-autorisant-la-ratification-du-trait-de-lompi-sur-le-droit-dauteur-%2528wct%2529-et-du-trait-de-lompi-sur-les-interprtations%252c-excutions-et-.html

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Law n ° 2013-015 authorizing the ratification of the WIPO Treaty on the law of copyright (WCT) and the Treaty of WIPO on the interpretations, performances and Phonograms (WPPT) explanatory memorandum the development of technology allowed to reproduce the individual benefits of artists and use them later. If this technological evolution is beneficial for humanity, it has damaging consequences for artists, producers and broadcasting organizations. The number of ' artists to unemployment increases, producers are more illegal reproductions, without their consent.
The programs of broadcasting organizations are reissued against their will.
The treaties of the world intellectual property organization are intended to better protect people who are essential in the transmission of works to the public.
In order to allow the Office Malagasy of the law d ' author (OMDA) achieve and realize in good conditions the cultural policy of my Department, it turned to be appropriate to proceed with the ratification of the two treaties of WIPO.
This is the purpose of this Act.
Law n ° 2013-015 authorizing the ratification of the WIPO Treaty on the law of copyright (WCT) and the Treaty of WIPO on the interpretations, performances and Phonograms (WPPT) Congress of the Transition and the Superior Council of the Transition have adopted in their respective sessions as of November 21, 2013 and December 12, 2013, the law whose content follows : Article 1: is authorized the ratification of the WIPO Treaty on the law of copyright (WCT) and the Treaty of WIPO on the interpretations, performances and Phonograms (WPPT).
Article 2: This Act shall be published in the Official Journal of the Republic. It will be run as State law.
Antananarivo, 12 December 2013 the PRESIDENT of Council the PRESIDENT of the Congress of TRANSITION, TRANSITION, RASOLOSOA Dolin RAKOTOARIVELO Mamy WIPO on performances and Phonograms (WPPT) (adopted at Geneva on December 20, 1996) TABLE of contents preamble chapter I: provisions General Article 1: relationship with other conventions Article 2: Definitions Article 3 : Beneficiaries of protection under this Treaty Article 4: national treatment chapter II: rights of artists or performers Article 5: moral rights of artists or performers Article 6: economic rights of performers in their unfixed performances Article 7 or interpretations: right of reproduction Article 8: right of distribution Article 9: right of rental Article 10 : Right of making available to the interpretations or fixed performances chapter III: rights of producers of phonograms Article 11: right of reproduction Article 12: right of distribution Article 13: right of rental Article 14: right of making available of phonograms chapter IV: provisions Commons Article 15: right to remuneration in respect of broadcasting and communication to the public Article 16 : Limitations and exceptions Article 17: term of protection Article 18: Obligations concerning technological measures Article 19: Obligations related to Article 20 rights management information: formalities section 21: Reserves Article 22: Application in time Article 23: provisions on enforcement of rights chapter V: administrative provisions and final clauses Article 24: Assembly Article 25: Office international Article 26 : Requirements for becoming party to the Treaty Article 27: rights and obligations arising from the Treaty Article 28: Signature of the Treaty Article 29: entry into force of the Treaty Article 30: Date of taking effect of the obligations arising from the Treaty Article 31: denunciation of the Treaty Article 32: languages of the Treaty Article 33: depositary preamble the Contracting Parties seeking to develop and ensure the protection of the rights of the performers and producers of phonograms in a manner as effective and uniform as possible, recognizing the need to introduce new international rules to bring appropriate answers to the questions raised by developments in economic, social, cultural and technical, grateful that the development and convergence of information and communication technologies have a significant impact on the production and use of performances and Phonograms (, Recognizing the need to maintain a balance between the rights of the performers and the phonogram producers and the general public interest, particularly education, research and access to information, have agreed to the following: Chapter I provisions General Article first reports with other conventions 1) no provision of this Treaty does not imply derogation from the obligations of the Contracting Parties to each other under the International Convention on the protection of performers, producers of Phonograms and broadcasting organizations, done at Rome on October 26, 1961 (hereinafter the "Rome Convention").
(2) the protection provided for in this Treaty leaves intact and in no way affect the protection of copyright in literary and artistic works. Accordingly, no provision of this Treaty may be interpreted as affecting this protection.1 3) this Treaty has no connection with other treaties and applies without prejudice to the rights and obligations under any other treaty.
Article 2 Definitions for the purposes of this Treaty, means: has) "performers" actors, singers, musicians, dancers and other persons who represent, sing, recite, declaim, play, interpret or perform in any other way literary or artistic works or expressions of folklore;
(b) "phonogram" means the fixation of the sounds of a performance or other sounds, or of a representation of sounds other than in the form of a fixation incorporated in a cinematographic or other audiovisual; 2 work c) "fixation" means the embodiment of sounds, or representations thereof, in a medium that allows to collect, to reproduce them or through a device;
(d) "producer of a phonogram" the physical or legal person who takes the initiative and responsibility for the first fixation of the sounds of a performance or other sounds, or the representations of sounds;
((e) "publication" of a fixed performance or a phonogram available to the public of copies of interpretation or fixed performance or of copies of the phonogram with the consent of the holder of the rights, and provided that copies or copies to be made available to the public in quantity sufficient; 3 f) "broadcasting" means the wireless transmission of sounds or of images and sounds , or representations thereof, for the purposes of reception by the public; This term also refers to a transmission of this nature carried out by satellite; the transmission of encrypted signals is considered to be "broadcasting" where the means of decrypting are provided to the public by the broadcasting organization or with its consent; (g) "communication to the public" of a performance or a phonogram the transmission to the public by any medium, otherwise than by broadcasting, of sounds of a performance or the sounds or representations of sounds fixed in a phonogram. For the purposes of article 15, the term "communication to the public" includes making audible by the public the sounds or representations of sounds fixed in a phonogram.
Article 34 beneficiaries of protection under this Treaty 1) the Contracting Parties grant the protection provided for in this Treaty to the performers and producers of phonograms who are nationals of other Contracting Parties.
(2) "nationals of other Contracting Parties" means the performers or producers of phonograms who would meet the criteria required to benefit from the protection provided by the Rome Convention if all the Contracting Parties in the context of this Treaty were Contracting States within the meaning of this convention. With respect to these criteria for protection, the Contracting Parties apply the relevant definitions in article 2 of the present traite.5

(3) any Contracting Party which makes use of the option provided for in article 5.3) of the Rome Convention or, for the purposes of article 5 of this convention, in its article 17 address a notification as provided for in those provisions to the Director general of the world Organization (WIPO).
Article 4 national treatment 1) each contracting party grants to nationals of other Contracting Parties, as defined in section 3.2), the treatment that it grants to its own nationals with regard to the exclusive rights specifically recognized in this Treaty and the right to equitable remuneration provided for in article 15 of this Treaty.
((2) the obligation provided for in paragraph 1) does not apply where another Contracting Party makes use of the reservations permitted under the terms of article 15.3) of this Treaty.
Chapter II rights of performers performers Article 5 moral rights of performers or performers 1) independently of his economic rights, and even after the transfer of those rights, the performer retains the right, in regards to its interpretations or live sound performances or its interpretations or performances fixed in phonograms, to require to be mentioned as such except when the mode of use of the performance required the omission of this reference, and to oppose any deformation, mutilation or other modification of these performances, prejudicial to his reputation. (2) the rights granted to the artist performer under the preceding paragraph are, after his death, maintained at least until the extinction of property rights and exercised by the persons or institutions to which the legislation of the Contracting Party where protection is claimed gives quality. However, the Contracting Parties whose legislation, at the time of the ratification of this Treaty or accession to it, contains no provisions to ensure the protection after the death of the artist interprets or running of all the rights recognized under the preceding paragraph have the ability to predict that some of these rights are not maintained after the death of the performer.
(3) the means of redress to safeguard the rights recognized in the present article are regulated by the legislation of the Contracting Party where protection is claimed.
Article 6 economic rights of performers on their interpretations or performances not fixed the performers enjoy the exclusive right of authorizing, regarding their interpretations or executions: i) the broadcasting and communication to the public of their unfixed performances, except when the interpretation or execution is already a performance broadcast; and (ii) the fixation of their performances or performances not fixed.
Article 7 right of reproduction the performers enjoy the exclusive right to authorize the reproduction, direct or indirect, of their performances fixed in phonograms, in any way and in any form that this soit.6 Article 8 right of distribution 1) the performers enjoy the exclusive right of authorizing the making available to the public of the original and copies of their performances or performances fixed in phonograms through sale or other transfer of ownership.
(2) Nothing in this Treaty shall affect the ability of Contracting Parties to determine the possible conditions under which the exhaustion of the right set out in paragraph 1) if applies after the first sale or other operation of transfer of ownership of the original or a copy of the interpretation or fixed performance, carried out with the authorization of the performer or the executant.7 Article 9 right of rental 1) the performers enjoy the exclusive right of authorizing the commercial rental to the to the publ l ic ' origina l copies of their interpretations and performances fixed in phonograms, according to the defined management the national population legis of the Contracting Parties, even after distribution of these by the arti say it s your themselves or with their permission.
(2) Notwithstanding the provisions of clause 1), a Contracting Party which applied to 15 April 1994, and continues to apply a system of equitable remuneration of performers for the rental of copies of their performances or performances fixed in phonograms may maintain that system provided that the rental of commercial phonograms does not substantially compromise the exclusive rights of reproduction of performers executants.8 Article 10 right to provide interpretations or fixed performances the performers enjoy the exclusive right to authorise the placing at the disposal of the public, by wire or wireless, of their performances fixed in phonograms, so that everyone can access it from the place and at a time individually chosen.
Chapter III rights of producers of phonograms Article 11 right of reproduction producers of phonograms enjoy the exclusive right of authorizing the direct or indirect reproduction of their phonograms, in any way and in any form that this soit.9 Article 12 right of distribution 1) producers of phonograms enjoy the exclusive right of authorizing the making available to the public of the original and copies of their phonograms through sale or other transfer of ownership.
(2) Nothing in this Treaty shall affect the ability of Contracting Parties to determine the possible conditions under which the exhaustion of the right set out in paragraph 1) if applies after the first sale or transfer of ownership of the original or a copy of the phonogram with the authorization of the producer of the phonogramme.10 Article 13 right of rental 1) producers of phonograms have the exclusive right to authorize the commercial rental to the public of the original and copies of their phonograms, even after distribution thereof by the producers themselves, or with their permission.
(2) Notwithstanding the provisions of clause 1), a Contracting Party which applied to 15 April 1994, and continues to apply a system of equitable remuneration of producers of phonograms for the rental of copies of their phonograms may maintain that system provided that the commercial rental of phonograms did not substantially affect the exclusive rights of reproduction of producers of phonogrammes.11 Article 14 right of making available of phonograms producers of phonograms enjoy the exclusive right of authorizing the making available to the public, by wire or wireless, of their phonograms in a manner that everyone can access them from a place and at a time individually chosen.
Chapter IV provisions Commons Article 15 right to remuneration in respect of broadcasting and communication to the public 1) the performers and producers of phonograms are entitled to a fair and only pay when phonograms published for purposes of trade are used directly or indirectly for broadcasting or for communication any to the public. (2) the Contracting Parties may provide in their national legislation that the single equitable remuneration shall be claimed from the user by the performer or performing or by the producer of the phonogram or by both. Contracting Parties may adopt legislation laying down the conditions of distribution of single equitable remuneration between the performers and producers of phonograms for the lack of agreement between interested parties.
(3) any Contracting Party may declare in a notification filed with the Director general of WIPO, that it will not apply the provisions of paragraph 1) for certain uses, or that it will limit their application in any other way, or even that it will not apply these provisions.
(4) for the purposes of this article, phonograms made available to the public, by wire or wireless, so that everyone can access them from a place and at a time individually chosen shall have been published for commerce.12 purposes, 13 Article 16 Limitations and exceptions 1) the Contracting Parties were free to provide in their national legislation regarding the protection of the performers and producers of phonograms, limitations or exceptions as well those who planned in which the protection of the copyright in literary and artistic works.

2) the Contracting Parties shall restrict any limitations or exceptions that they match the rights provided for in this Treaty to certain special cases where it is not breached operating normal interpretation or performance or phonogram or caused undue hardship to the legitimate interests of the artist performer or of the producer of the phonogramme.14, 15 Article 17 term of protection 1) the term of protection to be granted to the performers in virtue of this Treaty must not be less than 50 years from the end of the year where the interpretation or performance was fixed in a phonogram. (2) the term of protection to be granted to producers of phonograms under this Treaty must not be less than 50 years from the end of the year in which the phonogram was published, or failing such publication within a period of 50 years from fixation of the phonogram, from the end of the year of the fixation.
Article 18 Obligations relating to technological measures contracting party must provide adequate legal protection and effective legal remedies against the circumvention of technological measures effective which are implemented by the performers or producers of phonograms in the exercise of their rights under this Treaty and that restrict the fulfillment with respect to their interpretations or performances or phonograms, acts that are not authorized by the performers or the producers of phonograms concerned or permitted by law.
Article 19 Obligations related to information on the regime of rights) 1 the Contracting Parties must provide legal sanctions appropriate and effective against any person who performs any of the following acts knowing, or, for that statement of civil sanctions, having valid reasons to believe that this Act will cause, allow, facilitate, or conceal an infringement of a right provided for in this Treaty (: i) remove or change, without there be authorized, any information relating to the regime of rights in electronic form; (ii) to distribute, import for distribution, broadcast, communicate to the public or make available to the public, without authority, performances, copies of interpretations or fixed performances or copies of phonograms knowing that information about the pension rights in electronic form have been deleted or changed without permission.
(2) in this article, "rights management information" means information that allows to identify the performer or performer, interpretation or execution, the producer of the phonogram, the phonogram, the owner of any right in the performance or performance or phonogram or information about the terms and conditions of use of the interpretation or performance or phonogram, and any numbers or codes that represent such information , when one any of these items of information is attached to a copy of a fixed performance or to the copy of a phonogram or appears in connection with the communication to the public or making available to the public of a fixed performance or a phonogramme.16 Article 20 formalities the enjoyment and exercise of the rights provided for in this Treaty are subject to any formality.
Article 21 reservations except in the case provided for in article 15.3), no reservation to this Treaty may be made.
Article 22 Application in time 1) the Contracting Parties shall apply the provisions of article 18 of the Berne Convention, mutatis mutandis, to the rights of the performers and producers of phonograms provided for in this Treaty. (2) Notwithstanding the provisions of clause 1), a Contracting Party may limit the application of article 5 of this Treaty to performances that occurred after the entry into force of the Treaty in its regard.
Article 23 provisions on enforcement of rights) 1 the Contracting Parties undertake to adopt, in accordance with their legal systems, the measures necessary to ensure the application of this Treaty.
(2) the Contracting Parties shall ensure that their legislation contains procedures to enforce rights provided for by this Treaty, so as to permit effective action against any act that would infringe these rights, including measures to prevent quickly any attack and measures to prevent any future infringement.
(Chapter V administrative provisions and final clauses Article 24 Assembly 1) has) the Contracting Parties have an Assembly.
(b) each Contracting Party is represented by one delegate, who may be assisted alternates, advisers and experts.
(c) the expenses of each delegation be borne by the Contracting Party which has designated it. The Assembly may ask WIPO to grant financial assistance to facilitate the participation of delegations of Contracting Parties that are regarded as developing countries in accordance with the practice established in the General Assembly of the United Nations or that are countries in transition to a market economy.
(2) a) the Assembly addresses issues concerning the maintenance and development of the present Treaty and its application and operation.
((b) the Assembly fulfils the role assigned to him under the terms of article 26.2) by examining the possibility of allowing certain intergovernmental organizations to become party to this Treaty. (c) the Assembly decide the convocation of any diplomatic conference for the revision of this Treaty and give the necessary instructions to the Director general of WIPO for the preparation of it.
(3) a) each Contracting Party that is a State shall have one vote and vote only in its own name.
(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. Any intergovernmental organization participates in the vote if any of its Member States exercises its right to vote, and vice versa.
(4) the Assembly shall meet in ordinary session once every two years upon convocation by the Director general of WIPO.
(5) the Assembly shall establish its rules of procedure, including in regard to its being convened in extraordinary session, the rules for a quorum and, subject to the provisions of this Treaty, the required majority for various kinds of decisions.
Article 25 international Bureau the international Bureau of WIPO undertakes administrative tasks concerning the Treaty.
Article 26 Conditions to become party to the Treaty 1) any State member of WIPO may become party to this Treaty. (2) the Assembly may decide to allow to become party to this Treaty any intergovernmental organization that declares that it has jurisdiction, and has own legislation binding on all its Member States, with respect to the matters governed by this Treaty and that it has been duly authorized, in accordance with its procedures internal, to become party to this Treaty.
(3) the European Community, having made the declaration referred to in the preceding paragraph at the diplomatic conference that has adopted this Treaty, may become party to this Treaty.
Article 27 rights and obligations under the Treaty unless expressly otherwise provided in this Treaty, each Contracting Party has all the rights and assume all of the obligations under this Treaty.
Article 28 Signature of the Treaty this Treaty is open for signature until December 31, 1997 and may be signed by any State member of WIPO, and by the Community European.
Article 29 entry into force of the Treaty this Treaty comes into force three months after 30 instruments of ratification or accession was deposited with the Director general of WIPO by States.
Article 30 Date of taking effect of the obligations arising out of the Treaty this Treaty binds: i) the 30 States referred to in article 29, from the date on which this Treaty entered into force.
(ii) all other States on the expiry of a period of three months from the date on which the State has deposited its instrument with the Director general of WIPO; (iii) the Community European to the expiry of a period of three months after the deposit of its instrument of ratification or accession if this instrument has been deposited after the entry into force of this Treaty according to article 29, or three months following the entry into force of this Treaty if the instrument has been deposited before the entry into force of this Treaty;

(iv) any other intergovernmental organization that may become party to this Treaty, to the expiry of a period of three months after the deposit of its instrument of accession.
Article 31 denunciation of the Treaty any Contracting Party may denounce this Treaty by notification addressed to the Director general of WIPO. The denunciation shall take effect one year after the date on which the Director general received the notification.
Article 32 languages of the Treaty 1) this Treaty is signed in a single original copy in French, English, Arabic, Chinese, Spanish and Russian languages, all versions being equally authentic.
(2) an official text in any language other than those referred to in paragraph 1) is established by the Director general of WIPO at the request of an interested party, after consultation with all interested parties. For the purposes of this paragraph, "interested party" means any Member State of WIPO whose official language, or one of the official languages is involved, and the European Community and any other intergovernmental organization that may become party to this Treaty, if one of its official languages is involved.
Article 33 depositary the Director general of WIPO is the depositary of this Treaty.
* Entry into force: 20 May 2002. Source: International Bureau of WIPO. Note: The agreed statements of the diplomatic Conference that adopted the Treaty (diplomatic WIPO Conference on certain copyright and neighboring rights questions) about cert elders the WPPT are reproduced in endnotes to document below.
(Joint statement on article 1.2): it is understood that article 1.2) specifies the relationship between rights in phonograms under this Treaty and copyright on the works incorporated in such phonograms. In cases where are both required the authorization of the author of a work embodied in the phonogram and a performer or producer with rights in the phonogram, the requirement to have the authorization of the author does not cease to exist because the authorization of the performer or producer is also required, and vice versa.
It is also understood that no provision of article 1.2) only prevents a Contracting Party to provide for the performers or producers of phonograms exclusive rights beyond what the present Treaty. (2 agreed statement concerning article 2(b)): it is understood that the definition of the phonogram contained in article 2(b)) does not imply that the incorporation into a cinematographic or other audiovisual work have a any impact on the rights in the phonogram. 3 agreed statement concerning articles 2(e)), 8, 9, 12 and 13: for the purposes of these articles, the expressions "copies", "copies or copies" and "original and copies" in the context of the right of distribution and the rental right provided for by these articles refer exclusively copies or fixed copies that can be put into circulation as tangible objects. 4 agreed statement concerning article 3: it is understood that, applied to this Treaty, the expression "national of another Contracting State" appearing in sections 5.a) and 16.a) iv) of the Rome Convention will return, in respect of an intergovernmental organization that is a Contracting Party to this Treaty, to a national of one of the Member countries of this organization. (5 agreed statement on article 3.2): for the purposes of the application of article 3.2), it is understood that fixation means the final point from the parent band. 6 agreed statement concerning articles 7, 11 and 16: the reproduction right set out in articles 7 and 11 and the exceptions which may be matched under section 16 fully apply in the digital environment, in particular to the use of performances and phonograms in digital form. It is understood that the storage of a protected performance or of a protected phonogram in digital form in an electronic medium constitutes a reproduction within the meaning of these articles. 7 agreed statement concerning articles 2(e)), 8, 9, 12 and 13: for the purposes of these articles, the expressions "copies", "copies or copies" and "original and copies" in the context of the right of distribution and the rental right provided for by these articles refer exclusively copies or fixed copies that can be put into circulation as tangible objects. 8 agreed statement concerning articles 2(e)), 8, 9, 12 and 13: for the purposes of these articles, the expressions "copies", "copies or copies" and "original and copies" in the context of the right of distribution and the rental right provided for by these articles refer exclusively copies or fixed copies that can be put into circulation as tangible objects. 9 agreed statement concerning articles 7, 11 and 16: the reproduction right set out in articles 7 and 11 and the exceptions which may be matched under section 16 fully apply in the digital environment, in particular to the use of performances and phonograms in digital form. It is understood that the storage of a protected performance or of a protected phonogram in digital form in an electronic medium constitutes a reproduction within the meaning of these articles. 10 agreed statement concerning articles 2(e)), 8, 9, 12 and 13: for the purposes of these articles, the expressions "copies", "copies or copies" and "original and copies" in the context of the right of distribution and the rental right provided for by these articles refer exclusively copies or fixed copies that can be put into circulation as tangible objects. 11 agreed statement concerning articles 2(e)), 8, 9, 12 and 13: for the purposes of these articles,

the express ion "copies", "copies or exempla res i" and "origina l and copies" in the context of the law of say distribution and of the righ t of rental provided for by these articles of excluded m only copies or exempla fixed res i which can be put into this rculation as tangible objects. 12 agreed statement concerning article 15: it is understood that article 15 does not bring a definitive solution to the question of the level of rights of broadcasting and communication to the public should enjoy, in the digital age, the performers and producers of phonograms. The delegations could not reach a consensus on differing proposals for aspects of exclusivity to be granted in certain circumstances or rights without the possibility of reservations, they have given for the present to address the issue. 13 agreed statement concerning article 15: it is understood that article 15 does not prevent the granting of the right conferred by this article to performers of folklore and producers of phonograms incorporating folklore where such phonograms have not been published for the purpose of commercial profit. 14 agreed statement concerning articles 7, 11 and 16: the reproduction right set out in articles 7 and 11 and the exceptions which may be matched under section 16 fully apply in the digital environment, in particular to the use of performances and phonograms in digital form. It is understood that the storage of a protected performance or of a protected phonogram in digital form in an electronic medium constitutes a reproduction within the meaning of these articles. 15 agreed statement concerning article 16: the agreed statement concerning article 10 (on limitations and exceptions) of the WIPO on the Copyright Treaty is applicable mutatis mutandis to article 16 (on limitations and exceptions) of the WIPO Performances Treaty and Phonograms. [The agreed statement concerning article 10 of the WIPO on the Copyright Treaty reads as follows: "it is understood that the provisions of article 10 permit contracting parties to maintain and expand properly into the digital environment limitations and exceptions in their national laws which have been considered acceptable under the Berne Convention.] Similarly, these provisions should be interpreted as allowing the Contracting Parties to devise new exceptions and limitations that are appropriate in the digital network environment. [(Il est aussi entendu que l'article 10.2) doesn't reduce or extend the scope of application of the limitations and exceptions permitted by the Berne Convention. "] 16 agreed statement concerning article 19: the agreed statement concerning article 12 (on obligations related to the rights management information) of the WIPO on the Copyright Treaty is applicable mutatis mutandis to article 19 (on obligations related to the rights management information) of the Treaty WIPO performances and Phonograms. [The agreed statement concerning article 12 of the WIPO on the Copyright Treaty reads as follows: "it is understood that the expression 'infringement of a right provided for by this Treaty or the Berne Convention' includes both exclusive rights as rights to remuneration.]
It is heard that Contracting Parties not based not on this article to design or implement a rights regime which has the effect of imposing formalities not permitted under the Berne Convention or this Treaty, prohibiting the free movement of goods or preventing the enjoyment of rights recognized by the present treated."]
WIPO Copyright Treaty (adopted in Geneva on December 20, 1996) TABLE of contents preamble Article 1: reports with the Convention of Berne Article 2: scope of protection in respect of copyright Article 3: Application of articles 2 to 6 of the Convention of Bern Article 4: Article 5 computer programs: Compilations of data (databases) Article 6 : Right of distribution Article 7: right of rental Article 8: right of communication to the public Article 9: term of protection of photographic works Article 10: Limitations and exceptions Article 11: Obligations concerning technological measures Article 12: Obligations relating to information on the rights of Article 13 regime: Application in time Article 14: provisions on enforcement of rights Article 15 : Assembly Article 16: Office international Article 17: requirements for becoming party to the Treaty Article 18: rights and obligations arising from the Treaty Article 19: Signature of the Treaty Article 20: entry into force of the Treaty Article 21: Date of taking effect of the obligations arising from the Treaty Article 22: Exclusion of reservations to the Treaty Article 23: denunciation of the Treaty Article 24 : Languages of the Treaty Article 25: depositary preamble the Parties contracting, seeking to develop and ensure the protection of the rights of authors in their works in a manner as effective and uniform as possible, recognizing the need to introduce new international rules and clarify the interpretation of certain existing rules to provide appropriate responses to the issues raised by the developments in the areas economic social, cultural and technical, grateful that the development and convergence of information and communication technologies have a significant impact on the creation and use of literary and artistic works highlighting the exceptional importance of protection in respect of copyright law for the encouragement of artistic and literary creation, recognizing the need to maintain a balance between the rights of authors and the interest general public (, particularly education, research and access to information, as reflected in the Berne Convention, have agreed to the following: Article first reports with the Convention of Bern 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 with respect to the Contracting Parties which are member countries of the Union established by that convention. It has no connection with other treaties as the Berne Convention and applies without prejudice to the rights and obligations under any other treaty.
(2) no provision of this Treaty does not imply derogation from the obligations of the Contracting Parties to each other under the Berne Convention for the protection of literary and artistic works.
(3) in this Treaty, is meant by "The Berne Convention" the Paris Act of July 24, 1971, of the Berne Convention for the protection of literary and artistic works. (4) the Contracting Parties shall comply with articles 1 to 21 and the Appendix of the Convention of Berne.2 Article 2 scope of protection in respect of copyright law the title of copyright protection extends to expressions and not to ideas, procedures, methods of operation or mathematical as such concepts.
Article 3 Application of articles 2 to 6 of the Convention of Bern Contracting Parties apply mutatis mutandis the provisions of articles 2 to 6 of the Berne Convention for the protection provided for by the present traite.3 Article 4 computer programs computer programs are protected as literary works within the meaning of article 2 of the Berne Convention. The protection applies to computer programs, whatever the mode or form of expression.4 Article 5 Compilations of data (databases) compilations of data or other material, in any form whatsoever, which, by the choice or the provision of contents, constitute intellectual creations, are protected as such. This protection does not extend to data or elements themselves, and it is without prejudice to any copyright on the data or information contained in the compilation.5 Article 6 right of distribution 1) authors of literary and artistic works enjoy the exclusive right to authorize 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 ability of Contracting Parties to determine the possible conditions under which the exhaustion of the right provided for in paragraph 1) if applies after the first sale or transfer of ownership of the original or a copy of the work, carried out with the permission of the auteur.6 Article 7 right of rental 1) authors i) computer programs (, ii) of cinematographic works and

(iii) of works incorporated in phonograms as defined in the national legislation of Contracting Parties have the exclusive right to authorize the commercial rental to the public of the original or copies of their works.
((2) paragraph 1) is not applicable, i) in respect of computer programs, where the program itself is not the essential object of the rental, and ii) with respect to cinematographic works, unless the commercial rental has led to widespread production of copies of these works, which substantially jeopardize the exclusive right of reproduction.
(3) Notwithstanding the provisions of clause 1), a Contracting Party which applied to 15 April 1994, and continues to apply a system of equitable remuneration of authors for the rental of copies of their works incorporated in phonograms may maintain that system provided that the commercial rental of works incorporated in phonograms does not substantially compromise the exclusive right of reproduction of authors.
Article 8 right of communication to the public without prejudice to the provisions of article 11.1) ii), 11bis(1)(i)) i) and (ii), (11ter.1) ii), 14.1) ii) and 14bis.1) of the Berne Convention, authors of literary and artistic works 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 so that everyone can access them from a place and at the time he chooses way individualisee.7 Article 9 duration of protection of photographic works in which case of photographic works, the Contracting Parties do not apply the provisions of article 7.4) of the Berne Convention.
Article 10 Limitations and exceptions contracting 1) the Parties may provide in their legislation, to match limitations or exceptions to the rights granted to authors of literary and artistic works under this Treaty in certain special cases where it is not breached the normal exploitation of the work or cause undue hardship to the legitimate interests of the author.
(2) in applying the Berne Convention, Contracting Parties shall restrict all limitations or exceptions that they match the rights provided in the convention to certain special cases where it is not breached the normal exploitation of the work or caused undue hardship to the legitimate interests of the auteur.8 Article 11 Obligations concerning technological measures the Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of technological measures effective that are implemented by the authors in the exercise of their rights under this Treaty or the Berne Convention and that restrict the accomplishment with respect to their works, which are not authorized by the authors concerned or permitted by law.
Article 12 Obligations relating to information on the regime of rights) 1 the Contracting Parties must provide for legal penalties appropriate and effective against any person who performs any of the following acts knowing, or, for whom succession of civil remedies, having reasonable grounds to believe that this Act will cause, allow, facilitate, or conceal an infringement of a right provided for by this Treaty or the Berne Convention (: i) remove or change, without there be authorized, any information relating to the regime of rights in electronic form;
(ii) to distribute, import for distribution, broadcast or communicate to the public, without there be authority, works or copies of works knowing that information about the pension rights in electronic form have been deleted or changed without permission.
(2) 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 one any of these items of information is attached to the copy of a work or appears in connection with the communication of a work to the public.9 Article 13 Application in time the Contracting Parties shall apply the provisions of article 18 of the Berne Convention with regard to all of the protection provided for in this Treaty.
Article 14 provisions on enforcement of rights) 1 the Contracting Parties undertake to adopt, in accordance with their legal systems, the measures necessary to ensure the application of this Treaty. (2) the Contracting Parties shall ensure that their legislation contains procedures to enforce rights provided for by this Treaty, so as to permit effective action against any act that would infringe these rights, including measures to prevent quickly any attack and measures to prevent any future infringement.
(Article 15 Assembly 1) has) the Contracting Parties have an Assembly.
(b) each Contracting Party is represented by one delegate, who may be assisted alternates, advisers and experts. (c) the expenses of each delegation be borne by the Contracting Party which has designated it. The Assembly may ask the World Intellectual Property Organization (hereinafter referred to as "WIPO") to grant financial assistance to facilitate the participation of delegations of Contracting Parties that are regarded as developing countries in accordance with the practice established in the General Assembly of the United Nations or that are countries in transition to a market economy.
(2) a) the Assembly addresses issues concerning the maintenance and development of the present Treaty and its application and operation.
((b) the Assembly fulfils the role assigned to him under the terms of article 17.2) by examining the possibility of allowing certain intergovernmental organizations to become party to this Treaty.
(c) the Assembly decide the convocation of any diplomatic conference for the revision of this Treaty and give the necessary instructions to the Director general of WIPO for the preparation of it. (3) a) each Contracting Party that is a State shall have one vote and vote only in its own name.
(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. Any intergovernmental organization participates in the vote if any of its Member States exercises its right to vote, and vice versa.
(4) the Assembly shall meet in ordinary session once every two years upon convocation by the Director general of WIPO.
(5) the Assembly shall establish its rules of procedure, including in regard to its being convened in extraordinary session, the rules for a quorum and, subject to the provisions of this Treaty, the required majority for various kinds of decisions.
Article 16 international Bureau the international Bureau of WIPO undertakes administrative tasks concerning the Treaty.
Article 17 eligibility for becoming party to the Treaty 1) any State member of WIPO may become party to this Treaty.
(2) the Assembly may decide to allow to become party to this Treaty any intergovernmental organization that declares that it has jurisdiction, and has own legislation binding on all its Member States, with respect to the matters governed by this Treaty and that it has been duly authorized, in accordance with its procedures internal, to become party to this Treaty.
(3) the European Community, having made the declaration referred to in the preceding paragraph at the diplomatic conference that has adopted this Treaty, may become party to this Treaty.
Article 18 rights and obligations arising from the Treaty unless expressly otherwise provided in this Treaty, each Contracting Party has all the rights and assume all of the obligations under this Treaty.
Article 19 Signature of the Treaty this Treaty is open for signature until December 31, 1997 and may be signed by any State member of WIPO, and by the Community European.
Article 20 entry into force of the Treaty this Treaty comes into force three months after 30 instruments of ratification or accession was deposited with the Director general of WIPO by States.
Article 21 Date of taking effect of the obligations arising out of the Treaty this Treaty binds: i) the 30 States referred to in article 20, from the date on which this Treaty entered into force.
(ii) all other States on the expiry of a period of three months from the date on which the State has deposited its instrument with the Director general of WIPO;

(iii) the Community European to the expiry of a period of three months after the deposit of its instrument of ratification or accession if this instrument has been deposited after the entry into force of this Treaty according to article 20, or three months following the entry into force of this Treaty if the instrument has been deposited before the entry into force of this Treaty;
(iv) any other intergovernmental organization that may become party to this Treaty, to the expiry of a period of three months after the deposit of its instrument of accession.
Article 22 Exclusion of reservations to the Treaty he entered no reservation to this Treaty.
Article 23 denunciation of the Treaty any Contracting Party may denounce this Treaty by notification addressed to the Director general of WIPO. The denunciation shall take effect one year after the date on which the Director general of WIPO received the notification.
Article 24 languages of the Treaty 1) this Treaty is signed in a single original copy in French, English, Arabic, Chinese, Spanish and Russian languages, all versions being equally authentic.
(2) an official text in any language other than those referred to in paragraph 1) is established by the Director general of WIPO at the request of an interested party, after consultation with all interested parties. For the purposes of this paragraph, "interested party" means any Member State of WIPO whose official language, or one of the official languages is involved, and the European Community and any other intergovernmental organization that may become party to this Treaty, if one of its official languages is involved.
Article 25 depositary the Director general of WIPO is the depositary of this Treaty. 1 entry into force: March 6, 2002. Source: International Bureau of WIPO. 2 agreed statement concerning article 1(4)): the right of reproduction under article 9 of the Berne Convention and exceptions which may be matched fully apply in the digital environment, in particular to the use of works in digital form. It is understood that the storage of a protected work in digital form in an electronic medium constitutes a reproduction within the meaning of article 9 of the Berne Convention. 3 agreed statement concerning article 3: it is understood that for the purposes of article 3 of this Treaty, the expression "country of the Union" contained in articles 2 to 6 of the Berne Convention designates a Contracting Party to this Treaty, which is to apply these articles of the Berne Convention to the protection provided for in this Treaty. It is also understood that the expression "country outside the Union" contained in those articles in the Berne Convention designates, in the same circumstances, a country that is not party to this Treaty, and that the words "this Convention" contained articles 2.8), 2bis(2)), 3, 4 and 5 of the Berne Convention refer to the Berne Convention and this Treaty. Finally, it is understood that in articles 3 to 6 of the convention the words "out puristic to l ' one of the countries of the Union" of m, when these items are appl practices to the present tra i te, in regard to an intergovernmental organization which is a Contracting Party of the present tra i te, a left cross from one of the countries that is a member of this organization. 4 agreed statement concerning article 4: the scope of protection for computer programs to the title of article 4 of this Treaty, taking into account article 2, is consistent with article 2 of the Berne Convention and consistent with the relevant provisions of the TRIPS Agreement. 5 agreed statement concerning article 5: the scope of protection for compilations of data (databases) under article 5 of this Treaty, taking into account article 2, is consistent with article 2 of the Berne Convention and consistent with the relevant provisions of the TRIPS Agreement. 6 agreed statement on article 6 and 7: for the purposes of these articles, the expressions "copies" and "original and exemplary", in the context of the right of distribution and the right of rental provided for by these articles refer exclusively fixed copies that can be put into circulation as tangible objects. 7 agreed statement concerning article 8: it is understood that the simple provision of facilities to allow or to realize a communication is not a communication to the public within the meaning of this Treaty or the Berne Convention. It is understood also that nothing in section 8, prohibits a Contracting Party from applying article 11bis(2)). 8 agreed statement concerning article 10: it is understood that the provisions of article 10 permit contracting parties to maintain and expand properly into the digital environment limitations and exceptions in their national laws which have been considered acceptable under the Berne Convention. Similarly, these provisions should be interpreted as allowing the Contracting Parties to devise new exceptions and limitations that are appropriate in the digital network environment.
It is also understood that article 10(2)) doesn't reduce or extend the scope of application of the limitations and exceptions permitted by the Berne Convention. 9 agreed statement concerning article 12: it is understood that the expression "breach of a right provided for by this Treaty or the Berne Convention" includes both exclusive rights as rights to remuneration.
It is heard that Contracting Parties not based not on this article to design or implement a rights regime which has the effect of imposing formalities not permitted under the Berne Convention or this Treaty, prohibiting the free movement of goods or preventing the enjoyment of rights recognized by the present treated.

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