The wipo copyright treaty (wct) is a special agreement within the meaning of the berne convention and relates to the protection of works and authors of works in a digital environment. Any party (even if not bound by the berne convention) is bound by the substantive provisions of the 1971 (paris) text of the berne convention for the protection of literary and artistic works (1886). In addition, the treaty refers to two objects protected by copyright: (i) computer programs, regardless of their form of expression or expression; and (ii) compilation of data or other information (“database”) in any form, provided that the selection or organization of their content constitutes intellectual creation. (if the database does not constitute intellectual creation, it does not fall within the scope of this treaty
With regard to the granting of rights to authors, in addition to the rights recognized in the berne convention, the treaty grants three rights: (i) the right to issue; (ii) the right to rent; and (ii) the right to be communicated to the public。
With regard to limitations and exceptions, article 10 of the treaty incorporates the “three-step test” for determining limitations and exceptions provided for in article 9 (2) of the berne convention and extends it to all rights. The treaty is accompanied by an agreed declaration that limits and exceptions established by domestic law in accordance with the berne convention may be extended to the digital environment. States parties may design new exceptions and limitations appropriate to the digital environment. Expansion of existing restrictions and exceptions, as well as the design of new ones, are permissible only if the conditions of the “three-step test” are met。
In terms of duration, the protection period must be at least 50 years for any type of work。
No formalities are required for the enjoyment and exercise of the rights provided for in this treaty。
The treaty requires the parties to provide legal remedies to prevent the circumvention of technical measures used by authors in the exercise of their rights (e. G. Passwords) and to prevent the removal or alteration of information necessary to regulate their rights (e. G. Licensing, collection and distribution of royalties), such as certain data identifying the author of a work or work (“right management information”)。
This treaty requires each contracting party to take the necessary measures in accordance with its legal system to ensure its application. In particular, each high contracting party must ensure that its laws provide for enforcement procedures to enable it to take effective action against any violation of the rights covered by this treaty. Such action must include prompt remedies to prevent violations and remedies to deter further violations。
The treaty establishes a conference of the parties whose main mandate is to deal with matters relating to the preservation and development of the treaty. The management of this treaty is entrusted to the wipo secretariat。
This treaty was concluded in 1996 and entered into force in 2002。
This treaty is open to the member states of wipo and the european community. The conference established by this treaty may decide to admit other intergovernmental organizations as parties to this treaty. Instruments of ratification or accession must be deposited with the director-general of wipo。
