WIPO Copyright Treaty

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  • The contracting parties,

  • Driven by the desire to develop and preserve the protection of authors' rights in their literary and artistic works in a manner that ensures the greatest possible effectiveness and consistency,

  • Recognizing the need to apply new international rules and clarify the interpretation of some existing rules to find appropriate solutions to issues arising from recent developments in economic, social, cultural, and technological fields,

  • Acknowledging the profound impact of the development and convergence of information and communication technology on the creation and utilization of literary and artistic works,

  • Emphasizing the significant importance of the protection granted under copyright in stimulating literary and artistic innovation,

  • Recognizing the need to maintain a balance between the rights of authors and the public interest, especially in the fields of education, research, and access to information, as reflected in the Berne Convention,

  • Have agreed as follows:

Article 1: The Relationship of this Treaty with 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 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.

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Article 2: Scope of Protection of Copyright

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

Article 3: Application of Articles 2 to 6 of the Berne Convention

  • 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.

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Article 4: Computer Programs

  • 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.

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Article 5: Data Sets (Databases)

  • 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.

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Article 6: Right of Distribution

  • (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.

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Article 7: Right of Lease

  • (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.

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Article 8: Right to Communicate the Work to the Public

  • 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.

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Article 9: Duration of Protection for Photographic Works

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

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