Introduction to Copyright & Related Rights Lucinda Jones WIPO-INSME International Training Program on Intellectual Property and Management of Innovation in Small and Medium-Sized Enterprises Geneva May 12, 2005

Overview Intellectual property - copyright Copyright for business Overview of rights (economic and moral) Scope of rights Digital copyright - new developments

Intellectual Property Industrial Property Copyright: protection of authors of literary and artistic works through exclusive rights of exploitation of their works - literary works (books, oral works) - works in the field of music - dramatic and dramatico-musical works (plays, ballets, operas and musicals) - audiovisual works, photographs, artistic works - technology-based works: computer programs, software and multimedia works

Copyright for business control commercial exploitation of creative works copyright as a tradeable asset to derive income protection for emerging technologies management of use of others’ copyright works use copyright as security to gain credit and financing copyright protection for marketing and advertising sale or licensing of copyright copyright for social, cultural and economic development (narrow the content divide) use of copyright in the public good

Intellectual Property Copyright: Neighboring rights or related rights to copyright: protection of certain creations which contribute to make works available to the public - performers - producers of phonograms - broadcasting organizations

Copyright Protection Subject matter of protection original works, not ideas The condition is originality some kind of personal involvement or creativity The protection is automatic no formality is required

Economic rights : exclusive rights to control the exploitation of the protected work and to obtain financial reward for this exploitation Moral rights : represent the link between the author and his work Rights Granted

Right of reproduction Right of distribution Right of rental Right of importation Right of translation and adaptation Economic Rights... digital technologies !

Right of transmission or communication to the public: - right of public performance - right of broadcasting - right of cable transmission Droit de suite on original works of art or manuscripts a resale right or right to a share in the proceeds of subsequent sales Economic Rights

Moral Rights Always remain with the author and can not be transferred  Right of paternity  Right of integrity

Authorship/Ownership of Rights 3 The author who has created the work is generally the owner of the copyright 3 By contract or by law the rights can be transferred to third parties (including legal entities) 3 Moral rights remain with the author even after the transfer of his economic rights

The protection is limited in time: Economic rights: 50 years pma Moral rights: at least 50 years pma but often not limited in time Duration of Protection

Limitations & Exceptions To ensure a certain balance between the interest of owners of rights and of the public Free uses (without authorization and without payment) quotations, uses for teaching and educational purposes Non-voluntary licenses (without authorization but against payment) broadcasting or recording of musical works

Performers’ Protection On their live performances -right of broadcasting and communication to the public -right of fixation On their fixed performances -right of reproduction -right of remuneration for the broadcasting and communication to the public

Producers of Phonograms Right of reproduction of their phonograms Right of remuneration for the broadcasting and communication to the public

Broadcasting Organizations Right to authorize the rebroadcasting fixation reproduction broadcasting and communication to the public of their broadcasts

Duration of protection 50 years - - from the performance - - from the fixation 20 years - - from the broadcast

WIPO Internet Treaties u uWIPO Copyright Treaty (WCT)  in force March 6, 2002  51 States ratified or acceded u uWIPO Performances and Phonograms Treaty (WPPT)  in force May 20, 2002  49 States ratified or acceded  ensure that rightsholders control dissemination of protected material over Internet, including right to make available ‘on demand’

New legal developments u Discussions on extension of protection to: –Broadcasting organizations –Audiovisual performers –Non-original databases –Limitations and exceptions

Protection of broadcasting organizations u Growing digital signal piracy problem u Second revised consolidated text (SCCR, Nov 2004) u Series of regional consultations (2005) u Possible diplomatic conference u Issues: –what transmissions should be protected, and what rights granted? –duration or term of protection? –who should be protected (traditional broadcasters, cable programs, webcasters)

Protection of audiovisual performers u Not covered by WPPT in 1996 u Subject of Diplomatic Conference 2000, meetings , and informal discussions u WIPO Study on Audiovisual Performers’ Contracts and Remuneration Practices in Mexico, UK, USA, France and Germany u WIPO Survey on National Protection of Audiovisual Performances u Study on Transfer of the Rights of Performers to Producers of Audiovisual Fixations-Multilateral Instruments

Limitations and exceptions to copyright u 3 step test u (Article 9(2) Berne Convention, Article 13 TRIPS Agreement, WCT (Article 10) and WPPT (Article 16) –certain special cases –do not conflict with normal exploitation –do not prejudice the legitimate interests of rightholders u challenge to maintain ‘fair use’ exceptions in digital environment/TPMs u faced with increasing piracy of music, film, software –digitization and global distribution networks –P2P file sharing –use of contract to override exceptions

WIPO’s work on copyright developments u Study on Limitations and Exceptions to Copyright and Related Rights in the Digital Environment u Study on Current Developments in the Field of Digital Rights Management u Guide on Surveying the Economic Contribution of the Copyright-Based Industries u Guide to the Copyright and Related Rights Treaties Administered by WIO and Glossary of Copyright and Related Rights Terms u Survey on Implementation of the WCT and WPPT u Task Force Group on Model Law for Copyright u Studies on the Economic Impact of Database Protection in Developing Countries and Countries in Transition

Emerging copyright issues u Liability of Internet intermediaries (e.g., ISPs) u Peer to peer (P2P) file sharing u Digital rights management u Copyright balance (exceptions and limitations) u Emerging business models for creative industries u Choice in licensing models (e.g., software, proprietary, open source, Creative Commons) u Collaborative creativity - remix u Public domain, free speech and cultural heritage

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