WIPO Regional Symposium on Copyright in Educational Institutions

WIPO Regional Symposium on Copyright in Educational Institutions and Libraries in the Digital Era Hong Kong SAR - March 15 and 16, 2004 Overview of Copyright Issues Geidy Lung Legal Officer, WIPO Copyright Law Division 1

Outline • International copyright protection and technological developments • Main features of the WIPO Internet Treaties • Controversial issues • Licensing • The way forward 2

International Legal System Berne Convention (1971) Rome Convention (1961) TRIPS Agreement (1994) WIPO Internet Treaties (WCT and WPPT) (1996) 3

Technological Development and International Treaties Rome 1961 Berne 1967 -1971 TRIPS 1975 1990 ”guided development" WCT WPPT 1994 1996 From the 70’s Internet boom Reprography, videotechnology, casettes, CDs, satellite broadcasting, cable television, software, databases, digital media 4

WIPO Internet Treaties Right of Reproduction Rights for transmissions in interactive digital networks Management rights information Digital Agenda Technological Measures of Protection Limitations and Exceptions 5

Internet Treaties • Common provisions: – right of distribution – limited rental right • WCT: – software and databases – duration: extension of the term for photographic works • WPPT: – sound performances – moral rights – remuneration rights for performers and producers of phonograms – duration: 50 years 6

Controversial issues (I) • digital rights management technologies (DRMs) – simple access to content – exercise of right of quotation or use for research and teaching purposes – works already in the public domain – in general, fair use, fair dealing or any other statutory limitation such as preservation or archiving to bear in mind: – DRMs are neutral – circumventing is difficult and expensive – trafficking is prohibited by many national laws 7

Controversial issues (II) • “click-on” or “shrink wrap” licenses – restrict uses allowed under limitations to copyright – overridibility by contractual means – binding foreign law to bear in mind: – the answer seems to vary from one legislation to another – principle of freedom of contract 8

Controversial issues (III) • digital delivery services • digital loan to remote-location users • interlibrary loans – analog environment: printed material – traditional exceptions: private use, information purposes, public interest to bear in mind: – 3 -step test – operation of the right of distribution – wide-scale reproduction and dissemination 9

Controversial issues (IV) • digitization for preservation purposes • preparation of e-reserves for students – Analog environment: printed material – traditional exceptions: library exceptions, teaching and information purposes, public interest to bear in mind: – 3 -step test – operation of the rights of reproduction and making available – wide-scale reproduction and dissemination 10

Licensing • legal status of the uses of works • variation in national legislation – – free uses: strict conditions to be set compulsory licensing extended licensing voluntary licensing 11

The way forward • Implementation of the Internet Treaties • Internet service providers liability • Protection of broadcasting organizations • Non-original databases • Jurisdiction and applicable law in Internet 12

Thank you http: //www. wipo. int/copyright e-mail: geidy. lung@wipo. int 13