Progress in Efforts to Enhance InternationalCopyright Protection

Geneva, May 14, 1999
Press Updates UPD/1999/58

Progress has been made by the WIPO Standing Committee on Copyright and Related Rights in tackling key issues relating to the progressive development of international standards of protection in the field of copyright. The Committee, which met from May 4 to 11, 1999, considered a wide range of proposals and viewpoints relating to protection of the audiovisual rights of performers, the protection of databases and protection of the rights of broadcasting organizations.

Protection of Audiovisual Performances

International norms for the protection of performers were harmonized and updated by the December 1996 WIPO Performances and Phonograms Treaty (WPPT). When adopting that Treaty, however, the Diplomatic Conference opted for the protection of the sound aspect of performances only. It was decided, at that time, that the issue of protection of audiovisual aspects of performances, with a view to adopting a possible protocol to the WPPT, would be the subject of further discussion.

The current session of the Standing Committee examined a number of proposals and viewpoints on issues such as rights of broadcasting and communication to the public and contractual arrangements involving the transfer of rights from performers to producers of audiovisual works. Whilst there was no convergence on these issues, the discussions generated a number of novel alternatives which, it was generally considered, moved the debate forward and made progress towards a possible final solution.

Protection of Databases

With regard to the question of protection of databases, the Committee assessed the current situation and noted that a study commissioned by the Secretariat on the economic impact of protection of databases was under way.

The issue of database protection is an essential one in view of the availability and widespread use of new technologies, which make copying of information contained in databases much easier, especially where databases are computerized. Today, in order to enjoy protection under copyright, databases have to constitute intellectual creations by reason of the original choice or arrangement of the material. On the one hand, there is a large number of databases that cannot be considered original intellectual creations, such as telephone directories or meteorological databases, and are thus not protected, despite the considerable investment involved in their production. On the other hand, many countries have significant concerns that protection of the latter kinds of databases might have adverse effects on access to information by education, science, research and other related sectors.

Protection of Broadcasting Organizations

The question of protection of the rights of broadcasting organizations is not covered by the 1996 WIPO Performances and Phonograms Treaty (WPPT). The Committee reaffirmed the general willingness of its members to update the existing rights of these organizations and considered proposals on issues such as the scope and possible content of a new instrument.

The Standing Committee on Copyright and Related Rights was established in 1998 to examine matters of substantive law and of harmonization of standards in the field of copyright and related rights. The main and most important steps towards establishing minimum standards of copyright protection within the digital environment were taken in 1996 with the conclusion of the WIPO Copyright Treaty (WCT) and the WIPO Phonograms and Performers Treaty (WPPT). The current work of the Standing Committee in the areas outlined above, is designed to ensure both that existing international standards of protection are updated and enhanced and that new standards are introduced as necessary. These issues will be the subject of further discussion at the third session of the Standing Committee from November 16 to 19, 1999.

For further information, please contact Mr. Kurt Kemper, Director-Advisor, Sector for the Progressive Development of International Intellectual Property Law: