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When we dwell on an Overview of International Agreements and Treaties , we come to understand that a treaty is what we would term as an agreement carried out at international levels. It is a contract of mutual understanding signed between two countries. These treaties are signed keeping the security and welfare of nation at large. WIPO Copyright Treaty is a special agreement under the Berne Convention. It is one of the Major Treaties of the World . Any contracting party (even if not bound by the Berne Convention ) must comply with the substantive provisions of the 1971 ( Paris) Act of the Berne Convention for the Protection of Literary and Artistic Works (1886). Further more, the Treaty mentions not less than two subject matters to be protected by copyright. True to the nature of a treaty, it tries to protect and secure the interests of men of letters and creative works.
These are to do with computer programs. The mode or form of their expression does not really make a difference. Compilations of data or other material which could be databases, in any form, which by reason of the selection or arrangement of their contents constitute intellectual creations. The point remains that where a database does not constitute such a creation, it is outside the scope of the Treaty.
The preamble of the WIPO Copyright Treaty, makes it clear that it recognizes and understands the deep impact of the evolution of information and communication technology on the creation and composition of literary and artistic works as well.
When it comes to the right of the authors, the WIPO Copyright Treaty deals with three points. These are the rights of distribution, the right of rental as also the right of maintaining a communication with the public. Each of them is an exclusive right. They are subjected to certain limitations and exceptions. However, not all the limitations and exceptions are inclusive in the following. These are the right of distribution is the right to authorize. It is the right to authorize in making available to the public of the original and copies of a work. This is through sales or other transfer of ownership.
WIPO Copyright Treaty obliges the Contracting Parties to provide legal remedies. This is against the circumvention of technological measures. (This is as for instance the matter related to encryption.) These measures are used by authors in connection with the exercise of their rights and against the removal or altering of information. This is related to certain data that identifies the work of the authors. This is necessary for the management of issues related to the altering of information. This could be in relation to such legal and business related matters such as to do with licensing, collecting and distribution of royalties. This helped to the management of the rights. This refers to and is a part of the section called “Rights Management Information”
WIPO Copyright Treaty establishes an Assembly of the Contracting Parties. It is their main task to deal with matters concerning the maintenance and development of the Treaty. It entrusts the Secretariat of WIPO the administrative task concerning the Treaty.
The WIPO Copyright Treaty has become functional ever since the year 2002. This took place in the month of March. The Director General of WIPO is considered to be the depository of the Treaty.
The WIPO Copyright Treaty is open to the State which are members of WIPO as it is. It can be exercised amongst the European Community as well. The Assembly constituted by the Treaty may also decide to admit other intergovernmental organizations to become party to the Treaty.
Some of the other pertinent articles in the The WIPO Copyright Treaty, 1996 are Article 9 which is to do with the Duration of Protection of Photographic Works and Article 11 which is to do with Obligations concerning Technological Measures. These are to name a few.
Thus it is a very significant Treaty in the world of artists and creators. It is a neat and well laid down compilation of all the rights and securities granted to men of a creative abilities.
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