Works Protected by Copyright

For the purposes of copyright protection, the term literary and artistic works is understood to include every original
work of authorship, irrespective of its literary or artistic merit. The ideas in the work do not need to be original, but the
form of expression must be an original creation of the author. The Berne Convention for the Protection of Literary and
Artistic Works (rticle !" states# The expression $literary and artistic works% shall include every production in the
literary, scientific and artistic domain, whatever may be the mode or form of its expression. The &onvention goes on
to list the following examples of such works#
books, pamphlets and other writings'
lectures, addresses, sermons'
dramatic or dramatico(musical works'
choreographic works and entertainments in dumb show'
musical compositions with or without words'
cinematographic works to which are assimilated works expressed by a
process analogous to cinematography'
works of drawing, painting, architecture, sculpture, engraving and
lithography'
photographic works, to which are assimilated works expressed by a
process analogous to photography'
works of applied art' illustrations, maps, plans, sketches and three(
dimensional works relative to geography, topography, architecture or
science'
translations, adaptations, arrangements of music and other alterations of
a literary or artistic work, which are to be protected as original works
without pre)udice to the copyright in the original work..
collections of literary or artistic works such as encyclopaedias and
anthologies which, by reason of the selection and arrangement of their
contents, constitute intellectual creations, are to be protected as such,
without pre)udice to the copyright in each of the works forming part of such
collections.
*ember countries of the +erne ,nion, and many other countries, provide protection under their copyright laws for the
above categories of works. The list, however, is not intended to be exhaustive. &opyright laws also protect other
modes or forms of expression of works in the literary, scientific and artistic domain, which are not included in the list.
Computer programs are a good example of a type of work which is not included in the list in the Berne Convention,
but which is undoubtedly included in the notion of a production in the literary, scientific and artistic domain within the
meaning of rticle !. -ndeed, computer programs are protected under the copyright laws of a number of countries, as
well as under the WIPO Copyright Treaty (.//0". computer program is a set of instructions, which controls the
operations of a computer in order to enable it to perform a specific task, such as the storage and retrieval of
information. The program is produced by one or more human authors, but in its final mode or form of expression, it
can be understood directly only by a machine (the computer", not by humans. Multimedia productions are another
example of a type of work not listed in the Berne Convention, but which clearly comes within the notion of creations in
the literary, scientific and artistic domain. 1hile no acceptable legal definition has been developed, there is a
consensus that the combination of sound, text and images in a digital format, which is made accessible by a
computer program, embodies an original expression of authorship sufficient to )ustify the protection of multimedia
productions under the umbrella of copyright.
Rights Protected
The most important feature of any kind of property is that the owner may use it exclusively, i.e., as he wishes, and
that nobody else can lawfully use it without his authori2ation. This does not, of course, mean that he can use it
regardless of the legally recogni2ed rights and interests of other members of society. 3imilarly the owner of copyright
in a protected work may use the work as he wishes, and may prevent others from using it without his authori2ation.
The rights granted under national laws to the owner of copyright in a protected work are normally exclusive rights to
authori2e a third party to use the work, sub)ect to the legally recogni2ed rights and interests of others.
There are two types of rights under copyright. 4conomic rights allow the rights owner to derive financial reward from
the use of his works by others. *oral rights allow the author to take certain actions to preserve the personal link
between himself and the work.
*ost copyright laws state that the author or rights owner has the right to authori2e or prevent certain acts in relation
to a work. The rights owner of a work can prohibit or authorize#
its reproduction in various forms, such as printed publications or sound
recordings'
the distribution of copies'
its public performance'
its broadcasting or other communication to the public'
its translation into other languages'
its adaptation, such as a novel into a screenplay.
These rights are explained in more detail in the following paragraphs.
Reproduction, distribution and related rights
The right of the copyright owner to prevent others from making copies of his works without his authori2ation is the
most basic right protected by copyright legislation. The right to control the act of reproduction 5 be it the
reproduction of books by a publisher, or the manufacture by a record producer of compact discs containing recorded
performances of musical works ( is the legal basis for many forms of exploitation of protected works.
6ther rights are recogni2ed in national laws in order to ensure that this basic right of reproduction is respected. *any
laws include a right specifically to authori2e distribution of copies of works. 6bviously, the right of reproduction
would be of little economic value if the owner of copyright could not authori2e the distribution of the copies made with
his consent. The right of distribution usually terminates upon first sale or transfer of ownership of a particular copy.
This means, for example, that when the copyright owner of a book sells or otherwise transfers ownership of a copy of
the book, the owner of that copy may give the book away or even resell it without the copyright owner%s further
permission.
nother right which is achieving increasingly wide recognition, and is included in the WIPO Copyright Treaty, is the
right to authori2e rental of copies of certain categories of works, such as musical works in sound recordings,
audiovisual works, and computer programs. This became necessary in order to prevent abuse of the copyright
owner%s right of reproduction when technological advances made it easy for rental shop customers to copy such
works.
Finally, some copyright laws include a right to control importation of copies as a means to prevent erosion of the
principle of territoriality of copyright' that is, the legitimate economic interests of the copyright owner would be
endangered if he could not exercise the rights of reproduction and distribution on a territorial basis.
&ertain forms of reproduction of a work are exceptions to the general rule, because they do not re7uire the
authori2ation of the rights owner. These exceptions are known as limitations on rights (see page8". n area of
current debate relates to the scope of one particular limitation traditionally present in copyright laws, which allows
individuals to make single copies of works for private, personal and non(commercial purposes. The continued
)ustification for such a limitation on the right of reproduction is being 7uestioned now that digital technology has made
it possible to produce high(7uality, unauthori2ed copies of works, which are virtually indistinguishable from the source
( and thus a perfect substitute for the purchase of authori2ed copies.
Rights of public performance, broadcasting and communication to the public, and
making available to the public.
public performance is considered under many national laws to include any performance of a work at a place
where the public is or can be present' or at a place not open to the public, but where a substantial number of persons
outside the normal circle of a family and its close ac7uaintances is present. The right of public performance entitles
the author or other copyright owner to authori2e live performances of a work, such as a play in a theater, or an
orchestra performance of a symphony in a concert hall. 9ublic performance also includes performance by means of
recordings. Thus a musical work is considered publicly performed when a sound recording of that work, or
phonogram, is played over amplification e7uipment, for example in a discothe7ue, airplane, or shopping mall.
The right of broadcasting covers the transmission for public reception of sounds, or of images and sounds, by
wireless means, whether by radio, television, or satellite. 1hen a work is communicated to the public, a signal is
distributed by wire or wireless means, which can be received only by persons who possess the e7uipment necessary
to decode the signal. &able transmission is an example of communication to the public.
,nder the Berne Convention, authors have the exclusive right to authori2e public performance, broadcasting and
communication of their works to the public. ,nder some national laws, the exclusive right of the author or other rights
owner to authori2e broadcasting is replaced, in certain circumstances, by a right to equitable remuneration,
although this sort of limitation on the broadcasting right is less and less common.
-n recent years, the rights of broadcasting, public performance and communication to the public have been the
sub)ect of much discussion. :ew 7uestions have arisen as a result of technological developments, in particular digital
technology, which has introduced interactive communications, whereby the user selects which works he wishes to
have delivered to his computer. 6pinions diverge as to which right should be applied to this activity. The WIPO
Copyright Treaty (1&T" (article ;" clarifies that it should be covered by an exclusive right, which the Treaty describes
as the authors% right to authori2e making their works available to the public in such a way that members of the public
can access these works from a place and at a time individually chosen by them. *ost national laws implement this
right as a part of the right of communication to the public, although some do so as part of the right of distribution.
ranslation and adaptation rights
The acts of translating or adapting a work protected by copyright also re7uire authori2ation from the rights owner.
Translation means the expression of a work in a language other than that of the original version. daptation is
generally understood as the modification of a work to create another work, for example adapting a novel to make a
film' or the modification of a work for different conditions of exploitation, e.g., by adapting a textbook originally written
for university students to make it suitable for a lower level.
Translations and adaptations are themselves works protected by copyright. 3o in order to publish a translation or
adaptation, authori2ation must be obtained both from the owner of the copyright in the original work and from the
owner of copyright in the translation or adaptation.
The scope of the right of adaptation has been the sub)ect of significant discussion in recent years because of the
greatly increased possibilities for adapting and transforming works which are embodied in digital format. 1ith digital
technology, manipulation of text, sound and images by the user is 7uick and easy. <iscussions have focused on the
appropriate balance between the rights of the author to control the integrity of the work by authori2ing modifications,
and the rights of users to make changes which seem to be part of a normal use of works in digital format.
Moral rights
The Berne Convention (rticle 0bis" re7uires *ember countries to grant to authors#
(i" the right to claim authorship of the work (sometimes called the right of paternity"' and
(ii" the right to ob)ect to any distortion or modification of the work, or other derogatory action in relation to the work,
which would be pre)udicial to the author%s honor or reputation (sometimes called the right of integrity".
These rights are generally known as the moral rights of authors. The &onvention re7uires them to be independent of
the author%s economic rights, and to remain with the author even after he has transferred his economic rights. -t is
worth noting that moral rights are only accorded to individual authors. Thus even when, for example, a film producer
or a publisher owns the economic rights in a work, it is only the individual creator who has moral interests at stake.
!imitations on Rights
The first limitation is the exclusion from copyright protection of certain categories of "orks. -n some countries,
works are excluded from protection if they are not fixed in tangible form. For example, a work of choreography would
only be protected once the movements were written down in dance notation or recorded on videotape. -n certain
countries, the texts of laws, court and administrative decisions are excluded from copyright protection.
The second category of limitations concerns particular acts of exploitation, normally re7uiring the authori2ation of the
rights owner, which may, under circumstances specified in the law, be carried out without authorization. There are two
basic types of limitations in this category# (a" free use, which carries no obligation to compensate the rights owner for
the use of his work without authori2ation' and (b" non#voluntary licenses, which do re7uire that compensation be
paid to the rights owner for non(authori2ed exploitation.
4xamples of free use include#
7uoting from a protected work, provided that the source of the 7uotation
and the name of the author is mentioned, and that the extent of the
7uotation is compatible with fair practice'
use of works by way of illustration for teaching purposes' and
use of works for the purpose of news reporting.
-n respect of free use for reproduction, the Berne Convention contains a general rule, rather than an explicit
limitation. rticle /(!" states that *ember 3tates may provide for free reproduction in special cases where the acts do
not conflict with normal exploitation of the work and do not unreasonably pre)udice the legitimate interests of the
author. s noted above, many laws allow for individuals to reproduce a work exclusively for their personal, private
and non#commercial use. =owever, the ease and 7uality of individual copying made possible by recent technology
has led some countries to narrow the scope of such provisions, including through systems which allow certain
copying, but incorporate a mechanism for payment to rights owners for the pre)udice to their economic interests
resulting from the copying.
-n addition to the specific categories of free use set out in national laws, the laws of some countries recogni2e the
concept known as fair use or fair dealing. This allows use of works without the authori2ation of the rights owner,
taking into account factors such as the nature and purpose of the use, including whether it is for commercial
purposes' the nature of the work used' the amount of the work used in relation to the work as a whole' and the likely
effect of the use on the potential commercial value of the work.
$on#voluntary licenses allow use of works in certain circumstances without the authori2ation of the owner of rights,
but re7uire that compensation be paid in respect of the use. 3uch licenses are called non(voluntary because they are
allowed in the law, and do not result from the exercise of the exclusive right of the copyright owner to authori2e
particular acts. :on(voluntary licenses were usually created in circumstances where a new technology for the
dissemination of works to the public had emerged, and where the national legislator feared that rights owners would
prevent the development of the new technology by refusing to authori2e use of works. This was true of two non(
voluntary licenses recogni2ed in the Berne Convention, which allow the mechanical reproduction of musical works
and broadcasting. The )ustification for non(voluntary licenses is, however, increasingly called into 7uestion, since
effective alternatives now exist for making works available to the public based on authori2ations given by the rights
owners, including in the form of collective administration of rights.
%uration of Copyright
&opyright does not continue indefinitely. The law provides for a period of time during which the rights of the copyright
owner exist. The period or duration of copyright begins from the moment when the work has been created, or, under
some national laws, when it has been expressed in a tangible form. -t continues, in general, until some time after the
death of the author. The purpose of this provision in the law is to enable the author%s successors to benefit
economically from exploitation of the work after the author%s death.
-n countries party to the Berne Convention, and in many other countries, the duration of copyright provided for by
national law is as a general rule the life of the author plus not less than >? years after his death. The Berne
Convention also establishes periods of protection for works such as anonymous, posthumous and cinematographic
works, where it is not possible to base duration on the life of an individual author. There is a trend in a number of
countries toward lengthening the duration of copyright. The 4uropean ,nion, the ,nited 3tates of merica and
several others have extended the term of copyright to @? years after the death of the author.
&"nership, '(ercise and ransfer of Copyright
The owner of copyright in a work is generally, at least in the first instance, the person who created the work, i.e. the
author of the work. +ut this is not always the case. The Berne Convention (rticle .Abis contains rules for
determining initial ownership of rights in cinematographic works. &ertain national laws also provide that, when a work
is created by an author who is employed for the purpose of creating that work, then the employer, not the author, is
the owner of the copyright in the work. s noted above, however, !oral rights always belong to the individual author
of the work, whoever the owner of economic rights may be.
The laws of many countries provide that the initial rights owner in a work may transfer all economic rights to a third
party. (*oral rights, being personal to the author, can never be transferred". uthors may sell the rights to their works
to individuals or companies best able to market the works, in return for payment. These payments are often made
dependent on the actual use of the work, and are then referred to as royalties. Transfers of copyright may take one
of two forms# assignments and licenses.
,nder an assignment, the rights owner transfers the right to authori2e or prohibit certain acts covered by one,
several, or all rights under copyright. n assignment is a transfer of a property right. 3o if all rights are assigned, the
person to whom the rights were assigned becomes the new owner of copyright.
-n some countries, an assignment of copyright is not legally possible, and only licensing is allowed. Bicensing means
that the owner of the copyright retains ownership but authori2es a third party to carry out certain acts covered by his
economic rights, generally for a specific period of time and for a specific purpose. For example, the author of a novel
may grant a license to a publisher to make and distribute copies of his work. t the same time, he may grant a license
to a film producer to make a film based on the novel. Bicenses may be exclusive, where the copyright owner agrees
not to authori2e any other party to carry out the licensed acts' or non(exclusive, which means that the copyright
owner may authori2e others to carry out the same acts. license, unlike an assignment, does not generally convey
the right to authori2e others to carry out acts covered by economic rights.
Bicensing may also take the form of collective administration of rights. ,nder collective administration, authors
and other rights owners grant exclusive licenses to a single entity, which acts on their behalf to grant authori2ations,
to collect and distribute remuneration, to prevent and detect infringement of rights, and to seek remedies for
infringement. n advantage for authors in collective administration lies in the fact that, with multiple possibilities for
unauthori2ed use of works resulting from new technologies, a single body can ensure that mass uses take place on
the basis of authori2ations which are easily obtainable from a central source.
rights owner may also abandon the e(ercise of the rights, wholly or partially. The owner may, for example, post
copyright protected material on the -nternet and leave it free for anybody to use, or may restrict the abandonment to
noncommercial use. 3ome very impressive cooperation pro)ects have been organi2ed on a model where contributors
abandon certain rights as described in the licensing terms adopted for the pro)ect, such as the Ceneral 9ublic
Bicense (C9B". They thereby leave their contributions free for others to use and to adapt, but with the condition that
the subse7uent users also adhere to the terms of the license. 3uch pro)ects, including the open source !ove!ent,
which speciali2es in creating computer programs, also build their business models on the existence of copyright
protection, because otherwise they could not impose an obligation on subse7uent users.
'nforcement of Rights
The Berne Convention contains very few provisions concerning enforcement of rights, but the evolution of new
national and international enforcement standards has been dramatic in recent years due to two principal factors. The
first concerns advances in the technological means for creation and use (both authori2ed and unauthori2ed" of
protected material. <igital technology in particular makes it easy to transmit and make perfect copies of any
information existing in digital form, including copyright(protected works. The second factor is the increasing economic
importance in the realm of international trade of the movement of goods and services protected by intellectual
property rights. 3imply put, trade in products embodying intellectual property rights is now a booming, worldwide
business. This is acknowledged in the WIPO Copyright Treaty "WCT", which re7uires &ontracting 9arties to ensure
that enforcement procedures are available under their law so as to permit effective action against any infringement of
rights covered by the Treaty, including remedies to prevent or deter further infringements.
The greement on Trade(Delated spects of -ntellectual 9roperty Dights (TD-93", which contains more detailed
provisions on the enforcement of rights, is ample evidence of this new link between intellectual property and trade.
The following paragraphs identify and summari2e some of the enforcement provisions found in recent national
legislation. They may be divided into the following categories# conservatory or provisional measures' civil remedies'
criminal sanctions' measures to be taken at the border' and measures, remedies and sanctions against abuses in
respect of technical devices.
Conservatory or provisional measures have two purposes# first, to prevent infringements from occurring, in
particular to prevent the entry of infringing goods into the channels of commerce, including entry of imported goods
after clearance by customs' and second, to preserve relevant evidence in regard to an alleged infringement. Thus,
)udicial authorities may have the authority to order that provisional measures be enacted without advance notice to
the alleged infringer. -n this way, the alleged infringer is prevented from relocating the goods to avoid detection. The
most common provisional measure is a search of the premises of the alleged infringer and sei2ure of suspected
infringing goods, the e7uipment used to manufacture them, and all relevant documents and other records of the
alleged infringing business activities.
Civil remedies compensate the rights owner for economic in)ury suffered because of the infringement, usually in the
form of pecuniary damages, and create an effective deterrent to further infringement. This is often in the form of a
)udicial order to destroy the infringing goods and the materials which have been predominantly used for producing
them. -f there is a danger that infringing acts may be continued, the court may also issue in)unctions against such
acts, failure to comply with which would sub)ect the infringer to payment of a fine.
Criminal sanctions are intended to punish those who willfully commit acts of piracy on a commercial scale and, as in
the case of civil remedies, to deter further infringement. The purpose of punishment is served by substantial fines,
and by prison sentences consistent with the level of penalties applied for crimes of corresponding seriousness,
particularly for repeat offenses. The purpose of deterrence is served by orders for the sei2ure and destruction of
infringing goods, and of the materials and e7uipment used predominantly to commit the offense.
Measures to be taken at the border are different from the enforcement measures described so far, in that they
involve action by the customs authorities rather than by the )udicial authorities. +order measures allow the rights
owner to re7uest that customs authorities suspend the release into circulation of goods that are suspected of
infringing copyright. This is intended to give the rights owner a reasonable time to commence )udicial proceedings
against the suspected infringer, without the risk that the alleged infringing goods will disappear into circulation after
customs clearance. The rights owner must (a" satisfy the customs authorities that there is pri!a facie evidence of
infringement, (b" provide a detailed description of the goods so that they can be recogni2ed and (c" provide a security
to indemnify the importer, the owner of the goods, and the customs authorities in case the goods turn out to be non(
infringing.
The final category of enforcement provisions, which has achieved greater importance since the advent of digital
technology, includes measures, remedies and sanctions against abuses in respect of technical means. -n certain
cases, the only practical means of preventing copying is through so(called copy(protection or copy(management
systems. These use technical devices, which either entirely prevent copying, or make the 7uality of the copies so
poor as to be unusable. Technical means are also used to prevent the reception of encrypted commercial television
programs except with use of decoders. =owever, it is technically possible to manufacture devices to circumvent such
copy(protection and encryption systems. The enforcement provisions are intended to prevent the manufacture,
importation and distribution of such devices. 9rovisions to this effect are included in the 1&T. 3o too are provisions to
prevent the unauthori2ed removal or alteration of electronic rights management information, and the dissemination of
copies of works from which such information has been removed. 3uch information may identify the author or rights
owner, or contain information about the terms and conditions of use of the work. Demoving it may result in the
distortion of computeri2ed rights management or fee(distribution systems.
Related Rights
The purpose of related rights is to protect the legal interests of certain persons and legal entities who contribute to
making works available to the public' or who produce sub)ect matter which, while not 7ualifying as works under the
copyright systems of all countries, contain sufficient creativity or technical and organi2ational skill to )ustify recognition
of a copyright(like property right. The law of related rights deems that the productions which result from the activities
of such persons and entities merit legal protection in themselves, as they are related to the protection of works of
authorship under copyright. 3ome laws make clear, however, that the exercise of related rights should leave intact,
and in no way affect, the protection of copyright.
Traditionally, related rights have been granted to three categories of beneficiaries#
performers,
producers of phonograms and
broadcasting organi2ations.
The rights of performers are recogni2ed because their creative intervention is necessary to give life to, for example,
motion pictures or musical, dramatic and choreographic works' and because they have a )ustifiable interest in legal
protection of their individual interpretations. The rights of producers of phonograms are recogni2ed because their
creative, financial and organi2ational resources are necessary to make sound recordings available to the public in the
form of commercial phonograms' and because of their legitimate interest in having the legal resources to take action
against unauthori2ed uses, be this the making and distribution of unauthori2ed copies (piracy", or the unauthori2ed
broadcasting or communication to the public of their phonograms. Bikewise, the rights of broadcasting organi2ations
are recogni2ed because of their role in making works available to the public, and in light of their )ustified interest in
controlling the transmission and retransmission of their broadcasts.
reaties. The first organi2ed international response to the need for legal protection of the three categories of related
rights beneficiaries was the conclusion, in ./0. of the International Convention for the Protection of Perfor!ers#
Producers of Phonogra!s and Broadcasting Organizations ($o!e Convention. ,nlike most international
conventions, which follow in the wake of national legislation and are intended to synthesi2e existing laws, the Dome
&onvention was an attempt to establish international regulations in a new field where few national laws existed at the
time. This meant that most 3tates had to draft and enact laws before adhering to the &onvention
Today, it is a widespread view that the Dome &onvention is out(of(date and in need of revision or replacement by a
new set of norms in the field of related rights, even though it was the basis for inclusion of provisions on the rights of
performers, producers of phonograms, and broadcasting organi2ations in the TD-93 greement. (The levels of
protection are similar, but not the same". For two of the categories of beneficiaries, up(to(date protection is now
provided by the WIPO Perfor!ances and Phonogra!s Treaty "WPPT", which was adopted in .//0, together with the
1&T. 1ork on a new, separate treaty on the rights of broadcasters continues at 1-96.
The rights granted to the three beneficiaries of related rights in national laws are as follows (although not all rights
may be granted in the same law"#
Performers are provided the rights to prevent fixation (recording",
broadcasting and communication to the public of their live performances
without their consent, and the right to prevent reproduction of fixations of
their performances under certain circumstances. The rights in respect of
broadcasting and communication to the public may be in the form of
e7uitable remuneration rather than a right to prevent. <ue to the personal
nature of their creations, some national laws also grant performers moral
rights, which may be exercised to prevent unauthori2ed uses of their name
and image, or modifications to their performances which present them in
an unfavorable light.
Producers of phonograms are granted the rights to authori2e or prohibit
reproduction, importation and distribution of their phonograms and copies
thereof, and the right to e7uitable remuneration for broadcasting and
communication to the public of phonograms.
)roadcasting organizations are provided the rights to authori2e or
prohibit re(broadcasting, fixation and reproduction of their broadcasts.
,nder some laws, additional rights are granted. For example, in a growing number of countries, producers of
phonograms and performers are granted a right of rental in respect of phonograms (audiovisual works in respect of
performers", and some countries grant specific rights over cable transmissions. Bikewise under the 199T, producers
of phonograms (as well as any other right holders in phonograms under national law" are granted a right of rental.
s in the case of copyright, the Dome &onvention and national laws contain limitations on rights. These allow use of
protected performances, phonograms, and broadcasts, for example, for teaching, scientific research, or private use,
and use of short excerpts for reporting current events. 3ome countries allow the same kinds of limitations on related
rights as their laws provide in connection with copyright, including the possibility of non(voluntary licenses. ,nder the
199T, however, such limitations and exceptions must be restricted to certain special cases, which do not conflict with
the normal use of the performances of phonograms, and which do not unreasonably pre)udice the legitimate interests
of the performers or producers.
The duration of protection of related rights under the $o!e Convention is !? years from the end of the year (a" that
the recording is made, in the case of phonograms and performances included in phonograms' or (b" that the
performance took place, in the case of performances not incorporated in phonograms' or (c" that the broadcast took
place, for broadcasts. -n the T$IP% Agree!ent and the WPPT, however, the rights of performers and producers of
phonograms are to be protected for >? years from the date of the fixation or the performance. ,nder the TD-93
agreement, the rights of broadcasting organi2ations are to be protected for !? years from the date of the broadcast.
Thus many national laws which protect related rights grant a longer term than the minimum contained in the Dome
&onvention.
-n terms of enforcement, remedies for infringement or violation of related rights are, in general, similar to those
available to copyright owners as described above, namely, conservatory or provisional measures' civil remedies'
criminal sanctions' measures to be taken at the border' and measures, remedies and sanctions against abuses in
respect of technical devices and rights management information.
Finally, mention should be made of the relationship between the protection of related rights and the interests
of developing countries. The largely unwritten and unrecorded cultural expression of many developing countries,
generally known asfolklore or traditional cultural e(pressions, may be protected under related rights as
performances, since it is often through the intervention of performers that they are communicated to the public. +y
providing related rights protection, developing countries may also provide a means for protection of the vast, ancient
and invaluable cultural expression, which is the essence of what distinguishes each culture. Bikewise, protecting
producers of phonograms and broadcasting organi2ations helps to establish the foundation for national industries
capable of disseminating national cultural expression within the country and, perhaps more important, in markets
outside it. The current popularity of what is called world music demonstrates that such markets exist. +ut the
economic benefits from do not always return to the country where the cultural expressions originated. -n sum,
protection of related rights serves the twin ob)ectives of preserving national culture and providing a means for
commercial exploitation of international markets.
The interest of developing countries in the protection of related rights goes beyond the protection of traditional cultural
expressions and into the realm of international trade and development. Today, the extent to which a country protects
intellectual property rights is inextricably linked to the potential for that country to benefit from the rapidly expanding
international trade in goods and services protected by such rights. For example, the convergence of
telecommunications and computer infrastructures will lead to international investment in many sectors of developing
country economies, including intellectual property, and those countries which lack political commitment to the
protection of intellectual property rights will be left out of the frame. 9rotection of related rights has thus become part
of a much larger picture. -t is a necessary precondition for participation in the emerging system of international trade
and investment that will characteri2e the !.
st
century.
he role of W*P&
The 1orld -ntellectual 9roperty 6rgani2ation (1-96" is an international organi2ation dedicated to ensuring that the
rights of creators and owners of intellectual property are protected worldwide, and that inventors and authors are thus
recogni2ed and rewarded for their ingenuity.
s a speciali2ed agency of the ,nited :ations, 1-96 exists as a forum for its *ember 3tates to create and
harmoni2e rules and practices to protect intellectual property rights. *ost industriali2ed nations have protection
systems that are centuries old. *any new and developing countries, however, are now building up their patent,
trademark and copyright laws and systems. 1ith the rapid globali2ation of trade during the last decade, 1-96 plays a
key role in helping these new systems to evolve through treaty negotiation, legal and technical assistance, and
training in various forms, including in the area of enforcement of intellectual property rights.
The field of copyright and related rights has expanded dramatically as technological developments have brought new
ways of disseminating creations worldwide through such forms of communication as satellite broadcasting, compact
discs, <E<s and the -nternet. 1-96 is closely involved in the on(going international debate to shape new standards
for copyright protection in cyberspace.
1-96 administers the following international treaties on copyright and related rights#
+erne &onvention for the 9rotection of Biterary and rtistic 1orks
+russels &onvention Delating to the <istribution of 9rogram(&arrying
3ignals Transmitted by 3atellite
Ceneva &onvention for the 9rotection of 9roducers of 9honograms
gainst ,nauthori2ed <uplication of Their 9honograms
Dome &onvention for the 9rotection of 9erformers, 9roducers of
9honograms and +roadcasting 6rgani2ations
1-96 &opyright Treaty (1&T"
1-96 9erformances and 9honograms Treaty (199T"
1-96 also provides an +rbitration and Mediation Center, which offers services for the resolution of international
commercial disputes between private parties involving intellectual property. The sub)ect matter of these proceedings
includes both contractual disputes (such as patent and software licenses, trademark coexistence agreements, and
research and development agreements" and non(contractual disputes (such as patent infringement".
The &enter is also now recogni2ed as the leading dispute resolution service provider for disputes arising out of the
abusive registration and use of -nternet domain names.