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National Law Institute University, Bhopal

And
Rajiv Gandhi Proudyogiki Vishwavidyalaya, Bhopal
Collaborative Program Jointly Offers

Master
In
Cyber Law and Information Security

WCT and WPPT

SUBMITTED TO:
Asst. Prof. Mr. Atul Kumar Pandey

SUBMITTED BY:
R Prasun Kumar Naidu 2012MSCLIS12



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WIPO COPYRIGHT TREATY AND WIPO PERFORMANCES
AND PHONOGRAMS TREATY
Abstract
WIPO is an organization which is a part of UN and also one of its 17 specialised agencies. It
works for the encouragement of protection of intellectual property throughout the world.
Through this paper, I am trying to bring to light its 2 treaties, i.e., WCT and WPPT. Both of
these treaties are accepted by the member countries of WIPO. So, Ill try to discuss the legal
aspects of both of this treaties and also covering the key provisions of them with their advantages
and limitations.

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INTRODUCTION
WCT and WPPT are 2 treaties that came into existence in 1996 at WIPO in Geneva but they
came into practice in March 6, 2002 and May 20, 2002, respectively. WCT deals with the
protection for authors of literary and artistic work such as writings, computer programs,
distinctive databases, musical works, audiovisual works, fine arts and photographs. Whereas,
WPPT deals with the rights related to copyrights that of performers and producers of
phonograms. Copyright and related rights are covered through national laws in individual
countries. International treaties try to standardize various national laws and also require the
countries that are complying with the treaty to grant certain rights specified in these treaties on
no discriminating grounds.
These 2 treaties were created to update and append the treaties that were already there on
copyright and its related rights which were The Berne Convention and The Rome Convention.
Both WCT and WPPT were created to counter the problems faced in the current scenario by the
digital technologies to protect the works over digital networks. This is the reason for the calling
of these treaties as WIPO INTERNET TREATIES. There was a great dilemma during the
making of these treaties as certain countries wanted stronger rights and certain countries wanted
higher protection for users and intermediaries. So, the treaty was widely discussed and accepted
all over as fairly balanced. As a result, these treaties were accepted by more than 100 countries.
These treaties provide a wider scope also protecting copyright and related rights in digital
technologies.
LEGAL ASPECTS OF WCT AND WPPT
WCT
The primary stretch of Article 1(1) of the WCT provides that this Treaty is a special agreement
within the meaning of Article 20 of the Berne Convention for the Protection of Literary and
Artistic Works, as regards Contracting Parties that are countries of the Union established by that
Convention. and Article 20 of the Berne Convention contains the subsequent provision: The
Governments of the countries of the Union reserve the right to enter into special agreements
among themselves, in so far as such agreements grant to authors more extensive rights than those
granted by the Convention, or contain other provisions not contrary to this Convention. Hence,
this states that no agreement is acceptable that results in the decrease of the level of power given
through the convention. It also states that [t]his Treaty shall not have any connection with
treaties other than the Berne Convention, nor shall it prejudice any rights and obligations under
any other treaties. Through this clause the treaty denies its connections to any other convention
except the Berne Convention. It also brings to light that there is no relation between WCT and
WPPT as both are other treaties in themselves.
Article 1(4) states that Contracting Parties shall comply with Articles 1 to 21 and the Appendix
of the Berne Convention. Article 1(3) states that Berne Convention here refers to the Paris act
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of the convention which was created in 1976. It also states that not only the parties to the
convention will have to comply with the treaty but also the member countries of WIPO. Article
1(2) states that Nothing in this Treaty shall derogate from existing obligations that Contracting
Parties have to each other under the Berne Convention for the Protection of Literary and Artistic
Works. It tries to clarify that nothing in this treaty must remove the obligations of the countries
that they have to each other through Berne Convention.
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WPPT
In the early work of this treaty there was an idea that it should have the same relationship with
Rome convention as WCT is having with the Berne Convention. But, this idea didnt have
required support. So, there was a regulation in the relationship that only few provisions were
mandatory to be followed of Rome Convention relating to the criteria of eligibility of protection.
The rest provisions were not an obligation that must be followed. Article 1(3) of the Treaty, in
respect of the relation to the other treaties, includes a provision similar to Article 1(2) of the
WCT: The Treaty shall not have any connection with, nor shall it prejudice any rights and
obligations under, any other treaties.
It is understood that Article 1(2) clarifies the relationship between rights in phonograms under
this Treaty and copyright in works embodied in the phonograms. In cases where authorization is
needed from both the author of a work embodied in the phonogram and a performer or producer
owning rights in the phonogram, the need for the authorization of the author does not cease to
exist because the authorization of the performer or producer is also required, and vice versa.
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IMPORTANT ELEMENTS
Both treaties need countries to offer a framework of essential rights, allowing creators to manage
and/or be compensated for the different ways in which their creations are used and enjoyed by
others. Most significantly, the treaties guarantee that the owners of those rights will continue to
be sufficiently and successfully protected when their works are circulated through new
technologies and communications systems such as the Internet. The treaties thus clarify that
accessible rights continue to affect in the digital environment. They also generate new online
rights. To preserve a fair stability of interests between the owners of rights and the worldwide
public, the treaties additionally explain that countries have reasonable flexibility in establishing
exceptions or boundaries to rights in the digital environment. Countries may, in suitable
conditions, grant exceptions for uses deemed to be in the public interest, such as for non-profit
educational and research purposes.
The treaties also involve countries to offer not only the rights themselves, but also two kinds of
technical adjuncts to the rights. These are projected to make sure that right holders can efficiently

1
http://www.wipo.int/copyright/en/activities/wct_wppt/pdf/wct_wppt.pdf
2
http://www.wipo.int/copyright/en/activities/wct_wppt/pdf/wct_wppt.pdf
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use technology to defend their rights and to certify their works online. The first, recognized as
the anti-circumvention provision, tackles the crisis of hacking: it requires countries to supply
sufficient legal protection and valuable remedies against the circumvention of technological
actions (such as encryption) used by right holders to safeguard their rights. The second type of
technological adjuncts protects the consistency and integrity of the online marketplace by
requiring countries to forbid the planned alteration or deletion of electronic rights management
information: that is, information which comes with any protected matter, and which identifies
the work, its creators, performer, or owner, and the terms and conditions for its use. Other
provisions of treaty provide more sufficient measures protection to the authors, performers and
producers of the phonograms not only to the digital world but in real world too.
FINAL CLAUSES
WCT
Article 15-25 covers the administrative provisions and final clauses such as the Assembly of
Contracting States, the International Bureau, eligibility for becoming party to the Treaty,
signature of the Treaty, entry into force of the Treaty, effective date of becoming party to the
Treaty, reservations (no reservations), denunciation of the Treaty, languages of the Treaty and
depository.
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These provisions are almost similar to the provisions of other WIPO treaties on
similar problems except for 2 special features being, the likelihood of an intergovernmental
organization becoming a party to the treaty and the number of requirements of ratification or
attainment needed for entry into force of the Treaty. Article 17 tells us about the eligibility
criteria for being the party to the treaty. Paragraph 1 state that any member of the WIPO may
become a party to the treaty. Paragraph 2 state that the Assembly may decide to admit any
intergovernmental organization to become party to this Treaty which declares that it is competent
in respect of, and has its own legislation binding on all its Member States on, matters covered by
this Treaty and that it has been duly authorized, in accordance with its internal procedures, to
become party to this Treaty. The next paragraph provides that The European Community,
having made the declaration referred to in the preceding paragraph in the Diplomatic Conference
that has adopted this Treaty, may become party to this Treaty. In its article 20, it fixes its
number of instruments of ratification or accession at 30 states.
WPPT
Article 24-33 provides the administrative provisions and final clauses that cover the issues that
are same to that of WCT.

3
http://www.wipo.int/copyright/en/activities/wct_wppt/pdf/wct_wppt.pdf
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ADVANTAGES
International protection of national right holders
The treaties require other countries to offer full protection within their territories to your own
countrys right holders when their creations are exploited overseas, thereby shielding their
interests and making sure that local creators and enterprises get benefit from the economic
rewards from outside the country. These benefits are largely important in the era of worldwide
digital networks, when the difference between the domestic and foreign markets is blurring, if
not disappearing, as the distribution of works and other subject matter cannot be limited to within
national borders.
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Promotion of electronic commerce
Digital technologies allow the broadcast and use of all of the materials confined by copyright and
associated rights in digital form over interactive networks. While the transmission of text, audio,
pictures and computer programs over the Internet is very likely, this will soon be true for
transmission of audiovisual works such as feature films, as the technical variables of narrow
bandwidth has started to vanish. Resources protected by copyright and related rights, across the
range of information and entertainment products, comprise much of the important subject matter
of electronic commerce.
Growth of national economy
The cultural and information industries, which manufacture and distribute products and services
of intellect, depend for their fuel on efficient and well-enforced copyright legislation. For this
reason these industries came to be identified as copyright industries. Over the last few decades,
copyright-based goods have become accountable for driving the expansion of national
economies and the overall worldwide economy. Copyright sectors also create hundreds of
thousands of recruitments all over the world, not just for developed countries, but also for
developing countries and for many associated economic sectors that add to manufacturing, sales
and service of these products.
Increase in investment
The height of intellectual property safety and enforcement is very much an aspect in industrys
decisions to invest in any particular country. Companies assess the probability that they will sell
sufficient legitimate copies of the productsin the presence of local intellectual property
protection. It is not likely for investors to put capital into a market where they will not improve
their investment and generate a rational profit. For copyrighted products, this depends almost
completely on the level of copyright protection. Loyalty to the treaties makes a tough declaration
of the countrys promise to copyright protection and willingness to react to technological
transform.

4
http://www.squ.edu.om/Portals/175/PDF/WIPO%20Publication.pdf
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RELATION WITH TRIPS
Both WCT and WPPT contain provisions whose compliance is similar to those in the TRIPS
agreement. So, the countries whose laws are already TRIPS compliant must not amend them to
make it compliant to these 2 treaties.
CONCLUSION
The toughest problem is still at the implementation level as still different media can be gained
over internet for free. Even after many countries have complied with these agreements, citizens
of these countries get access to free products through torrents or other sites. Some softwares are
also available for downloads of medias over internet which includes a clause that exerts liability
on its users for infringement which is unethical as the software is giving access to free media
which may be available on the websites which are involved in infringing of copyright. Thus, an
active organization or group must be formed which monitors such infringement in real time and
function against it in individual countries those comply with the agreement so as to preserve the
interest of the owner or producer. People must also be aware of the infringement as internet
provides a platform which enhances freedom. So, theres a need of creation of certain
organization that must monitor the digital networks in real time for infringement because
covering our eyes to the crimes does not prevents it from happening. Therefore, rational
decisions must be taken for the proper implementation of these treaties.