(adopted by the Diplomatic Conference on December 20,
1996)
Preamble
Article 1 - Relation to the Berne Convention
Article 2 - Scope of Copyright Protection
Article 3 - Application of Articles 2 to 6 of the
Berne Convention
Article 4 - Computer Programs
Article 5 - Compilations of Data (Databases)
Article 6 - Right of Distribution
Article 7 - Right of Rental
Article 8 - Right of Communication to the Public
Article 9 - Duration of the Protection of Photographic
Works
Article 10 - Limitations and Exceptions
Article 11 - Obligations concerning Technological
Measures
Article 12 - Obligations concerning Rights Management
Information
Article 13 - Application in Time
Article 14 - Provisions on Enforcement of Rights
Article 15 - Assembly
Article 16 - International Bureau
Article 17 - Eligibility for Becoming Party to the
Treaty
Article 18 - Rights and Obligations under the Treaty
Article 19 - Signature of the Treaty
Article 20 - Entry into Force of the Treaty
Article 21 - Effective Date of Becoming Party to the
Treaty
Article 22 - No Reservations to the Treaty
Article 23 - Denunciation of the Treaty
Article 24 - Languages of the Treaty
Article 25 - Depositary
Preamble
The Contracting Parties,
Desiring to develop and maintain the protection of the
rights of authors in their literary and artistic 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 in order to
provide adequate solutions to the questions raised by new economic, social,
cultural and technological developments,
Recognizing the profound impact of the development and
convergence of information and communication technologies on the creation and
use of literary and artistic works,
Emphasizing the outstanding significance of copyright
protection as an incentive for literary and artistic creation,
Recognizing the need to maintain a balance between the
rights of authors and the larger public interest, particularly education, research
and access to information, as reflected in the Berne Convention,
Have agreed as follows:
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 2 - 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 rights 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.
Article 12 -
Obligations concerning Rights Management Information
(1) Contracting Parties shall provide adequate and
effective legal remedies against any person knowingly performing any of the
following acts knowing or, with respect to civil remedies having reasonable
grounds to know, that it will induce, enable, facilitate or conceal an
infringement of any right covered by this Treaty or the Berne Convention:
(i) to remove or alter any electronic rights
management information without authority;
(ii) to distribute, import for distribution, broadcast
or communicate to the public, without authority, works or copies of works
knowing that electronic rights management information has been removed or
altered without authority.
(2) As used 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 any of these items of information is attached to a copy of a
work or appears in connection with the communication of a work to the public.
Article 13 -
Application in Time
Contracting Parties shall apply the provisions of
Article 18 of the Berne Convention to all protection provided for in this
Treaty.
Article 14 -
Provisions on Enforcement of Rights
(1) Contracting Parties undertake to adopt, in
accordance with their legal systems, the measures necessary to ensure the
application of this Treaty.
(2) Contracting Parties shall ensure that enforcement
procedures are available under their law so as to permit effective action
against any act of infringement of rights covered by this Treaty, including
expeditious remedies to prevent infringements and remedies which constitute a
deterrent to further infringements.
Article 15 -
Assembly
(1) (a) The Contracting Parties shall have an
Assembly.
(b) Each Contracting Party shall be represented by one
delegate who may be assisted by alternate delegates, advisors and experts.
(c) The expenses of each delegation shall be borne by
the Contracting Party that has appointed the delegation. 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 conformity with the established practice of the General Assembly of the
United Nations or that are countries in transition to a market economy.
(2) (a) The Assembly shall deal with matters
concerning the maintenance and development of this Treaty and the application
and operation of this Treaty.
(b) The Assembly shall perform the function allocated
to it under Article 17(2) in respect of the admission of certain
intergovernmental organizations to become party to this Treaty.
(c) The Assembly shall 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 such
diplomatic conference.
(3) (a) Each Contracting Party that is a State
shall have one vote and shall 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. No such intergovernmental organization shall participate in the
vote if any one 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 own rules of
procedure, including the convocation of extraordinary sessions, the
requirements of 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 shall perform the
administrative tasks concerning the Treaty.
Article 17 -
Eligibility for Becoming Party to the Treaty
(1) Any Member State of WIPO may become party to this
Treaty.
(2) The Assembly may decide to admit any
intergovernmental organization to become party to this Treaty which declares
that it is competent in respect of, and has its own legislation binding on all
its Member States on, matters covered by this Treaty and that it has been duly
authorized, in accordance with its internal procedures, to become party to this
Treaty.
(3) The European Community, having made the
declaration referred to in the preceding paragraph in the Diplomatic Conference
that has adopted this Treaty, may become party to this Treaty.
Article 18 -
Rights and Obligations under the Treaty
Subject to any specific provisions to the contrary in
this Treaty, each Contracting Party shall enjoy all of the rights and assume
all of the obligations under this Treaty.
Article 19 -
Signature of the Treaty
This Treaty shall be open for signature until December
31, 1997, by any Member State of WIPO and by the European Community.
Article 20 - Entry
into Force of the Treaty
This Treaty shall enter into force three months after
30 instruments of ratification or accession by States have been deposited with
the Director General of WIPO.
Article 21 -
Effective Date of Becoming Party to the Treaty
This Treaty shall bind
(i) the 30 States referred to in Article 20, from the
date on which this Treaty has entered into force;
(ii) each other State from the expiration of three
months from the date on which the State has deposited its instrument with the
Director General of WIPO;
(iii) the European Community, from the expiration of
three months after the deposit of its instrument of ratification or accession
if such instrument has been deposited after the entry into force of this Treaty
according to Article 20, or, three months after the entry into force of this
Treaty if such instrument has been deposited before the entry into force of
this Treaty;
(iv) any other intergovernmental organization that is
admitted to become party to this Treaty, from the expiration of three months
after the deposit of its instrument of accession.
Article 22 - No
Reservations to the Treaty
No reservation to this Treaty shall be admitted.
Article 23 - Denunciation
of the Treaty
This Treaty may be denounced by any Contracting Party
by notification addressed to the Director General of WIPO. Any denunciation
shall take effect one year from 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 in
English, Arabic, Chinese, French, Russian and Spanish languages, the versions
in all these languages being equally authentic.
(2) An official text in any language other than those
referred to in paragraph (1) shall be established by the Director General of
WIPO on the request of an interested party, after consultation with all the
interested parties. For the purposes of this paragraph, "interested
party" means any Member State of WIPO whose official language, or one of
whose 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.