(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 for the contracting parties from the countries of the Union established under that Convention. This Treaty has no connection with other treaties apart from the Berne Convention, and it does not affect any right or obligation arising from any other treaties.

(2) Nothing in this Treaty limits the obligations currently imposed on the contracting parties towards each other under the Berne Convention for the Protection of Literary and Artistic Works.

(3) The term "Berne Convention" hereinafter refers to the Paris Act dated July 24, 1971, of the Berne Convention for the Protection of Literary and Artistic Works.

(4) The contracting parties shall observe Articles 1 to 21 and the Appurtenance of the Berne Convention.

The protection granted under copyright includes expressions and not ideas, procedures, methods of operation, or mathematical concepts as such.

The contracting parties shall apply the provisions of Articles 2 to 6 of the Berne Convention regarding the protection stipulated in this treaty with the necessary modifications.

Computer programs are protected as literary works within the meaning of Article 2 of the Berne Convention. This protection applies to computer programs regardless of the manner of expression or form.

Datasets or other materials are protected as such, regardless of their form, if they are considered intellectual creations due to the selection or arrangement of their contents. This protection does not include the data or materials themselves and does not affect any existing copyright in the data or materials contained in the collection.

(1) Authors of literary and artistic works enjoy the exclusive right to authorize the availability of the original asset or other copies of their works to the public by selling them or transferring ownership in another manner.

(2) Nothing in this treaty affects the freedom of the contracting parties to determine any conditions for the exhaustion of the right mentioned in paragraph (1) after the first sale of the original asset or other copies of the work or the transfer of ownership in another manner with the authorization of the author.

(1) Authors of the following works enjoy:

• "1" Computer programs;

• "2" Cinematic works;

• "3" Works embodied in sound recordings as defined in the national law of the contracting parties,

• the exclusive right to authorize the rental of the original copy or other copies of their works to the public for commercial purposes.

(2) Paragraph (1) does not apply in the following two cases:

• "1" If the subject matter is a computer program and the program itself is not the primary subject of the rental;

• "2" If the subject matter is a cinematic work, unless such rental has led to the widespread distribution of copies of that work causing material harm to the exclusive right of reproduction.

(3) Notwithstanding the provisions of paragraph (1), a contracting party that, as of April 15, 1994, was applying a system based on granting authors a fair remuneration for the rental of copies of their works embodied in sound recordings and continues to apply that system may continue to do so, provided that the rental of works embodied in sound recordings for commercial purposes does not cause material harm to the authors' exclusive rights of reproduction.

Authors of literary and artistic works enjoy the exclusive right to authorize the communication of their works to the public by any wired or wireless means, including making their works available to the public in such a way that members of the public may access these works from a place and at a time individually chosen by them, without prejudice to the provisions of Articles 11 (1) (2) and 11bis (1) (1) and 11bis (1) (2) and 11ter (1) (2) and 14 (1) (2) and 14bis (1) of the Berne Convention.

The contracting parties do not apply the provisions of Article 7 (4) of the Berne Convention to photographic works.