10 December 2001
Source: http://usinfo.state.gov/cgi-bin/washfile/display.pl?p=/products/washfile/latest&f=01120702.clt&t=/products/washfile/newsitem.shtml


US Department of State
International Information Programs

Washington File
_________________________________

07 December 2001  

Gabon Accession Paves Way for Internet Copyright Treaty

(WIPO pact will enter into force March 6, 2002) (1420)

Gabon has become the 30th country to accede to an international
copyright treaty protecting authors' rights on the Internet, paving
the way for the pact's entry into force on March 6, 2002.

The World Intellectual Property Organization (WIPO) welcomed Gabon's
December 6 accession, and said in a statement that the WIPO Copyright
Treaty (WCT), by safeguarding the interests of creators in cyberspace,
"opens new horizons for composers, artists, writers and others to use
the Internet with confidence to create, distribute and control the use
of their works within the digital environment."

The WCT is one of a pair of treaties negotiated by 160 countries in
1996 to protect against piracy on the Internet. The second pact, the
WIPO Performances and Phonograms Treaty (WPPT), has to date been
ratified by 28 countries and is expected to reach the 30-country
threshold "in the near future," the WIPO statement said.

Both treaties require countries to provide a basic framework that give
creators a measure of control -- or compensation -- for the ways their
creations are used or enjoyed by others. They clarify that traditional
copyright restrictions on reproduction rights continue to apply in the
digital environment, but give countries some flexibility in
establishing some exceptions to rights in the digital environment.

The treaties also ensure that holders of copyrights can license their
works online, and require countries to provide legal protections
against "hackers" who manage to circumvent encryption tools and other
technological measures that aim to protect works on the Internet.

In the WIPO statement, Director General Kamil Idris said the new norms
provided for in the WCT and the WPPT "are vital for the further
development of the Internet, electronic commerce and thereby the
culture and information industries."

He also underlined that to be truly effective the treaties must become
widely adopted by countries in all regions of the world.

"While we have reached the key number of 30 countries required for
entry into force, I urge all other countries to follow suit and to
incorporate the provisions of the WCT and WPPT into their national
legislation. This will create the conditions necessary for the
broad-based and legitimate distribution of creative works and
recordings on the Internet," he said.

Following is the text of the WIPO statement:

(begin text)

Press Release
Geneva, December 6, 2001

30TH ACCESSION TO KEY COPYRIGHT TREATY PAVES WAY FOR ENTRY INTO FORCE

Gabon's accession on December 6, 2001 to the WIPO Copyright Treaty
(WCT) paves the way for entry into force of this key treaty that will
bring copyright law in line with the digital age, a move welcomed by
the Director General of the World Intellectual Property Organization
(WIPO), Dr. Kamil Idris. This accession means that the WCT will enter
into force in three months time, on March 6, 2002. The WIPO
Performances and Phonograms Treaty (WPPT) is also expected to enter
into force in the near future when 30 countries have become party to
it (28 to date). By safeguarding the interests of creators in
cyberspace, the WCT opens new horizons for composers, artists, writers
and others to use the Internet with confidence to create, distribute
and control the use of their works within the digital environment.

"This is an important day in the history of copyright, making it
better equipped to meet the technological challenges of cyberspace"
said Dr. Idris, noting that this will provide a platform for creators
to further exploit the Internet with confidence. "Together, these
treaties represent a milestone in modernizing the international law of
copyright and neighboring rights, ushering it into the digital age,"
said Dr. Idris.

The Director General emphasized the importance of the new norms
provided for in the WCT and the WPPT which, he said, are vital for the
further development of the Internet, electronic commerce and thereby
the culture and information industries. He stressed that for the
treaties to be truly effective in the borderless world of cyberspace,
they must become widely adopted by countries in all regions of the
world. "While we have reached the key number of 30 countries required
for entry into force, I urge all other countries to follow suit and to
incorporate the provisions of the WCT and WPPT into their national
legislation. This will create the conditions necessary for the
broad-based and legitimate distribution of creative works and
recordings on the Internet," he said. These two treaties will help
ensure that artists, composers, writers, musicians and others involved
in the creative process are protected from Internet piracy, Dr. Idris
noted.

Background

Copyright law provides protection for literary and artistic works,
giving authors the ability to control the exploitation of their works.
The law of related rights provides similar protection for the creative
contributions of those involved in presenting works to the public,
such as performers, phonogram producers and broadcasters. These rights
are provided by national laws in individual countries. International
treaties serve to forge links among different national laws, ensuring
that creators are also protected in another country than their own.
The treaties do not overrule national law, but require the countries
that join them to grant some specified minimum rights, and to do so on
a nondiscriminatory basis.

Adopted in 1996, the WCT and WPPT update and improve the international
protection which was established prior to the development and
widespread use of personal computers and the Internet. The WCT
introduces new and far-reaching norms to protect the rights of authors
within the digital environment. It protects literary and artistic
works, a broad category that includes books, computer programs, music,
art, and movies. It updates and supplements the Berne Convention for
the Protection of Literary and Artistic Works, the major international
copyright treaty in the world today which was originally adopted in
1886, and most recently revised in 1971.

The WPPT will similarly safeguard the interests of producers of
phonograms or sound recordings as well as of the performers whose
performances are fixed in phonograms. It updates and supplements the
major related rights treaty, the Rome Convention for the Protection of
Performers, Producers of Phonograms and Broadcasting Organizations
(adopted in 1961). In this way, the WCT and WPPT provide responses to
the challenges of the new digital technologies. It is for this reason
that they have come to be known as the "Internet treaties."

Both treaties require countries to provide a basic framework of
rights, allowing creators to control and/or be compensated for the
various ways in which their creations are used and enjoyed by others.
The treaties ensure that rightholders will continue to be adequately
and effectively protected when their works are disseminated over the
Internet. They do so, first, by clarifying that the traditional right
of reproduction continues to apply in the digital environment,
including to storage of material in digital form in an electronic
medium; and by confirming the rightholders' right to control the
making available of their creations on demand to individual members of
the public. In order to achieve a balance of interests, the treaties
also make clear that countries have flexibility in establishing
exceptions or limitations to rights in the digital environment, and
may either extend existing exceptions and limitations or adopt new
ones, as appropriate in the circumstances.

The treaties also break new ground by ensuring that rightholders can
effectively use technology to protect their rights and to license
their works online. The "anti-circumvention" provision addresses the
problem of "hacking" by requiring countries to provide adequate legal
protection and effective remedies against the circumvention of
technological measures, such as encryption. Such technologies are used
by rightholders to protect their rights when their creations are
disseminated on the Internet. The treaties also serve to safeguard the
reliability and integrity of the online marketplace, by requiring
countries to prohibit the deliberate alteration or deletion of
electronic "rights management information": that is, information that
identifies a work, its author, performer or owner, and the terms and
conditions for its use.

Both treaties also contain provisions on rights of distribution and
rental, rights to be remunerated for certain forms of broadcasting or
communication to the public, and an obligation for countries to
provide adequate and effective enforcement measures.

For further information, please contact the Media Relations and Public
Affairs Section at WIPO: Tel: ?3388161/3389547; Email:
publicinf@wipo.int; Fax: ?3388810.

(end text)

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Department of State. Web site: http://usinfo.state.gov)