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

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

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

4. 4 Berne TRIPS 1967-19711994 Reprography, videotechnology, casettes, CDs, satellite broadcasting, cable television, software, databases, digital media From the 70’s Internet boom ”guided development" 1975 1990 Technological Development and International Treaties WCT WPPT 1996 Rome 1961

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

6. 6 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

7. 7 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

8. 8 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

9. 9 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

10. 10 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

11. 11 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

12. 12 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

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