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ORIGINAL: English
DATE: August 30, 1996

WORLD INTELLECTUAL PROPERTY ORGANIZATION

GENEVA

DIPLOMATIC CONFERENCE
ON
CERTAIN COPYRIGHT AND NEIGHBORING RIGHTS
QUESTIONS

Geneva, December 2 to 20, 1996


BASIC PROPOSAL
FOR THE SUBSTANTIVE PROVISIONS OF THE TREATY ON CERTAIN QUESTIONS CONCERNING THE PROTECTION OF LITERARY AND ARTISTIC WORKS TO BE CONSIDERED BY THE DIPLOMATIC CONFERENCE

prepared by the Chairman of the Committees of Experts

on a Possible Protocol to the Berne Convention
and on a Possible Instrument for the Protection of the Rights of Performers and Producers of Phonograms


Memorandum Prepared by the Chairman of the Committees of Experts


Draft Treaty
on Certain Questions Concerning
the Protection of Literary and Artistic Works

CONTENTS

Preamble

[Substantive Provisions]

Article 1: Relation to the Berne Convention

Article 2: Application of Articles 3 to 6 of the Berne Convention

Article 3: Notion and Place of Publication

Article 4: Computer Programs

Article 5: Collections of Data (Databases)

Article 6: Abolition of Certain Non-Voluntary Licenses

Article 7: Scope of the Right of Reproduction

Article 8:

Alternative A Right of Distribution and Right of Importation

Alternative B Right of Distribution

Article 9: Right of Rental

Article 10: Right of Communication

Article 11: Duration of the Protection of Photographic Works

Article 12: Limitations and Exceptions

Article 13: Obligations concerning Technological Measures

Article 14: Obligations concerning Rights Management Information

Article 15: Application in Time

Article 16: Special Provisions on Enforcement of Rights

[Administrative and Final Clauses]

ANNEX