The Protection of Copyright and Related Rights and Their Role in Trade and Commerce DR. PATRICK MASOUYÉ WIPO ACADEMY

COPYRIGHT AND RELATED RIGHTS §BRIEF OVERVIEW OF THE NOTIONS of copyright and related rights §THE INTERNATIONAL NORMS l THE BERNE CONVENTION (1886) l THE ROME CONVENTION (1961) l THE PHONOGRAMS CONVENTION (1971) l THE SATELLITES CONVENTION (1974) l THE WCT AND WPPT (1996) l THE TRIPS AGREEMENT

Every day lives products and works subject to copyright and related rights protection §Newspapers, programs and news on television §Correspondences, documents, research materials §Buildings, works of architecture, designs, paintings §Movies, videos §Music on radios, discotheques, night clubs, pubs, piano bar, dancing classes §Books, magazines or “surfing on the net”

Key Cultural Industries

Economic Development §Core Industries (Film, Music, Publishing, Computer) §Partial Industries and other Interdependent Industries (retail) §Collective management organizations contribute as part of the Core Industries.

Economic Development §The contribution of the copyright industries to the development of the national economy is shown in many studies conducted in the past, by several developed as well as developing countries §Example: countries in Latin America, showing the copyright industries contributed up to 6.7% of Gross Domestic Product in Brazil

COUNTRY REFERE NCE YEAR OF STUDY % CONTRIBUTION OF COPYRIGHT INDUSTRIES TO GDP % CONTRIBUTION OF COPYRIGHT INDUSTRIES TO EMPLOYMENT Total share Core Interdepen dent Parti al Non- dedicate d Total share Core Interdepend ent Part ial Non- dedicated Bulgaria Jamaica Lebanon Mexico Philippines Canada Hungary Latvia Singapore USA Australia Croatia Romania Colombia Russia Ukraine Netherlands Malaysia Kenya Panama Peru Slovenia China

Economic Development §Significant creation of employment in each industry and foreign trade. §Employment, meaning all those people working in the music industry. §Authors, composers, performers and producers of phonograms are some of the main key players in the music industry.

Song Writer Lyric Melody Music Publisher Sound Recording Producer Rental Operator Distributor/ Retailer Film/Video Producer Adv. Producer Venue Owner Discotheques Bars/Rst TV Station Radio Station Karaokes CMO/Society Singer/ Artists Broadcast Program Producer Etc. Radio Broadcast Employment Promoters

A KEY INSTITUTION: CMO §In the music field, the role of COLLECTIVE MANAGEMENT ORGANIZATIONS (CMOs) is primordial. §The role of media industry is also important as main vehicle of cultural goods in the consumers chain (radios, televisions, Internet).

THE ROLE OF CMOs §To remunerate rights owners §To provide rights owners some social advantages l Insurance Schemes l Life insurance l Medical insurance (discount in certain pharmacies) l Benevolent purposes l Emergency health care assistance §To offer cultural assistance l Awards l Educational grants l Music competition l Publications l Music production

Cultural §CMOs establish a separate body (usually a foundation) to conduct educational and cultural activities l PRS Foundation (UK) l Conaamus (Netherlands) l BMI Foundation Inc. and ASCAP Foundation (US) l SUISA (Switzerland)

Legal and Political Roles: Impact on Trade and Commerce §CMO has an important role in the establishment of CR law and amendments; l even drafting the provisions l invited by the parliament to convince the enactment of a certain legislation §Providing legal consultancy for members §Engage in through its lawyers in civil court cases

Political Role §This should not be the role of a CMO! But.. §CMOs has the potential but unwarranted capacity to maneuver in politics of a country §Composers being well-known figures in the society may have biased tendencies to support a certain political mainstream §Naturally, CMOs need to be a neutral body

FIGHT AGAINST PIRACY §Assistance of Collective Management Organizations in the fight against piracy: l Provide evidence on the national and international repertoire protected l Assist national authorities in investigation and recognition of counterfeited products l Act on behalf of rights owners in Court (depending on legal systems) §Contribution to the fight against Internet illegal downloading: l Facilitating access to databases and information l Cooperate with national authorities to implement system prohibiting circumvention of anti-copying devices

In conclusion: one can see the close interlink between the legal and political aspects of the copyright protection and the economic development of the copyright industries; the impact of the copyright industries on cultural goods and services in the national development of countries. §Thank you for your kind attention