1. 1 Wizards of OS 3 The Future of the Digital Commons Berlin - June 10 to 12, 2004 International Copyright in the Digital Era Geidy Lung WIPO Copyright Law Division

2. 2 Overview Basic facts about WIPO International legal system Development of copyright law Internet Treaties Limitations and exceptions to copyright Present and future activities

3. 3 Basic facts about WIPO Member States: 180 (June 2004) Number of Secretariat staff: 917 from 92 countries Budget: 638.8 million Swiss francs (2004 & 2005) Treaties administered: 23 (16 on industrial property and 6 on copyright, plus the Convention creating WIPO) Status: In 1974, WIPO became a specialized agency of the United Nations system Main decision-making bodies: General Assembly, Conference, Coordination Committee Mission: To promote the protection of IP rights worldwide and extend the benefits of the international IP system to all member states

4. 4 Berne Convention for the protection of Literary and Artistic Works (1971) Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations (1961) Trade Related Aspects of Intellectual Property Rights Agreement (1994) WIPO Copyright Treaty (WCT)(1996) WIPO Performances and Phonograms Treaty (WPPT)(1996) International Legal System

5. 5 Rome Berne TRIPS 19611967-19711994 Reprography, videotechnology, casettes and compact discs, satellite broadcasting, software, databases, cable and digital television From the 70’s Internet boom ”guided development" 1975 1990 WIPO Internet Treaties Technological innovations and international treaties

6. 6 WCT AND WPPT Rights for transmissions in interactive digital networks Limitations and Exceptions Technological Measures of Protection Management rights information Right of Reproduction Digital Agenda

7. 7 Other developments Object of protection: software and original databases Rights: –exclusive: distribution and rental –remuneration: communication to the public and broadcasting –moral rights Term of protection: 50 years - photographic works, performances and producers of phonograms Enforcement

8. 8 Why to limit copyright? Fundamental or constitutional rights or public interest: freedom of speech, information, education, culture Market failure: inability to control the use in question or extract and fee for it

9. 9 How to limit copyright? Excluding certain categories of works official texts of legislative, administrative and legal nature, news of the day, mere items of press information Permitting free uses for particular purposes personal use, quotations, parodies, criticism, use for teaching purposes, news reporting, scientific research, libraries, certain cases of reproduction, fair use or fair dealing Establishing non-voluntary licenses recordings, broadcasting, reproduction and translation in developing countries

10. 10 Is analog different from digital? Whether new exceptions are needed in the digital environment Whether existing exceptions from the analog environment remain appropriate in the digital environment, or need to be restricted in some way in that environment

11. 11 New exceptions Temporary electronic copies which occur as part of the technical process of making Internet transmission: ISP liability Caching and browsing: temporary reproduction which occurs at the point of reception to enable the view of the accessed material

12. 12 Existing exceptions Public performance, news reporting, criticism Libraries, private copying, teaching purposes International guiding principle: The 3-step test Challenges: –to strike a balance among different stakeholders and interests –to face increasing digital piracy of music, film, software –digitization and global distribution networks –P2P illegal file sharing

13. 13 Present and future activities Audiovisual performances Protection of non-original databases Protection of the rights of broadcasting organizations Limitations and exceptions and technological measures of protection ISP liability, applicable law, among others

14. 14 Thank you http://www.wipo.int/copyright geidy.lung@wipo.int