Copyright Resources

[Tami]

[color=\"#41121C\"]Berne Convention
for the Protection of Literary and Artistic Works*

Paris Act
of July 24, 1971, as amended on September 28, 1979

of September 9, 1886,
completed at PARIS on May 4, 1896,
revised at BERLIN on November 13, 1908,
completed at BERNE on March 20, 1914,
revised at ROME on June 2, 1928,
at BRUSSELS on June 26, 1948,
at STOCKHOLM on July 14, 1967,
and at PARIS on July 24, 1971,
and amended on September 28, 1979

TABLE OF CONTENTS**

Article 1: Establishment of a Union

Article 2: Protected Works: 1. "Literary and artistic works"; 2. Possible requirement of fixation; 3. Derivative works; 4. Official texts; 5. Collections; 6. Obligation to protect; beneficiaries of protection; 7. Works of applied art and industrial designs; 8. News

Article 2bis: Possible Limitation of Protection of Certain Works: 1. Certain speeches; 2. Certain uses of lectures and addresses; 3. Right to make collections of such works

Article 3: Criteria of Eligibility for Protection: 1. Nationality of author; place of publication of work; 2. Residence of author; 3. "Published" works; 4. "Simultaneously published" works

Article 4: Criteria of Eligibility for Protection of Cinematographic Works, Works of Architecture and Certain Artistic Works

Article 5: Rights Guaranteed: 1. and 2. Outside the country of origin; 3. In the country of origin; 4. "Country of origin"

Article 6: Possible Restriction of Protection in Respect of Certain Works of Nationals of Certain Countries Outside the Union: 1. In the country of the first publication and in other countries; 2. No retroactivity; 3. Notice

Article 6bis: Moral Rights: 1. To claim authorship; to object to certain modifications and other derogatory actions; 2. After the author's death; 3. Means of redress

Article 7: Term of Protection: 1. Generally; 2. For cinematographic works; 3. For anonymous and pseudonymous works; 4. For photographic works and works of applied art; 5. Starting date of computation; 6. Longer terms; 7. Shorter terms; 8. Applicable law; "comparison" of terms

Article 7bis: Term of Protection for Works of Joint Authorship

Article 8: Right of Translation

Article 9: Right of Reproduction: 1. Generally; 2. Possible exceptions; 3. Sound and visual recordings

Article 10: Certain Free Uses of Works: 1. Quotations; 2. Illustrations for teaching; 3. Indication of source and author

Article 10bis: Further Possible Free Uses of Works: 1. Of certain articles and broadcast works; 2. Of works seen or heard in connection with current events

Article 11: Certain Rights in Dramatic and Musical Works: 1. Right of public performance and of communication to the public of a performance; 2. In respect of translations

Article 11bis: Broadcasting and Related Rights: 1. Broadcasting and other wireless communications, public communication of broadcast by wire or rebroadcast, public communication of broadcast by loudspeaker or analogous instruments; 2. Compulsory licenses; 3. Recording; ephemeral recordings

Article 11ter: Certain Rights in Literary Works: 1. Right of public recitation and of communication to the public of a recitation; 2. In respect of translations

Article 12: Right of Adaptation, Arrangement and Other Alteration

Article 13: Possible Limitation of the Right of Recording of Musical Works and Any Words Pertaining Thereto: 1. Compulsory licenses; 2. Transitory measures; 3. Seizure on importation of copies made without the author's permission

Article 14: Cinematographic and Related Rights: 1. Cinematographic adaptation and reproduction; distribution; public performance and public communication by wire of works thus adapted or reproduced; 2. Adaptation of cinematographic productions; 3. No compulsory licenses

Article 14bis: Special Provisions Concerning Cinematographic Works: 1. Assimilation to "original" works; 2. Ownership; limitation of certain rights of certain contributors; 3. Certain other contributors

Article 14ter: "Droit de suite" in Works of Art and Manuscripts: 1. Right to an interest in resales; 2. Applicable law; 3. Procedure

Article 15: Right to Enforce Protected Rights: 1. Where author's name is indicated or where pseudonym leaves no doubt as to author's identity; 2. In the case of cinematographic works; 3. In the case of anonymous or pseudonymous works; 4. In the case of certain unpublished works of unknown authorship

Article 16: Infringing Copies: 1. Seizure; 2. Seizure on importation; 3. Applicable law

Article 17: Possibility of Control of Circulation, Presentation and Exhibition of Works

Article 18: Works Existing on Convention's Entry Into Force: 1. Protectable where protection not yet expired in country of origin; 2. Non-protectable where protection already expired in country where it is claimed; 3. Application of these principles; 4. Special cases

Article 19: Protection Greater than Resulting from Convention

Article 20: Special Agreements Among Countries of the Union[/color]


[color=\"#41121C\"]Full Documentation of The Berne Convention[/color]

[Tami]

[color=\"#41121C\"]DIPLOMATIC CONFERENCE ON CERTAIN COPYRIGHT AND NEIGHBORING RIGHTS QUESTIONS

Geneva, December 2 to 20, 1996

WIPO COPYRIGHT TREATY adopted by the Diplomatic Conference on December 20, 1996

Preamble

The Contracting Parties, desiring to develop and maintain the protection of the rights of authors in their literary and artistic works in a manner as effective and uniform as possible,

Recognizing the need to introduce new international rules and clarify the interpretation of certain existing rules in order to provide adequate solutions to the questions raised by new economic, social, cultural and technological developments,

Recognizing the profound impact of the development and convergence of information and communication technologies on the creation and use of literary and artistic works,

Emphasizing the outstanding significance of copyright protection as an incentive for literary and artistic creation,

Recognizing the need to maintain a balance between the rights of authors and the larger public interest, particularly education, research and access to information, as reflected in the [/color][color=\"#41121C\"]Berne Convention[/color],

[color=\"#41121C\"]Have agreed as follows:

Article 1 Relation to the Berne Convention

(1) 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. This 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.

(2) 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.

(3) Hereinafter, "Berne Convention" shall refer to the Paris Act of July 24, 1971 of the Berne Convention for the Protection of Literary and Artistic Works.

(4) Contracting Parties shall comply with Articles 1 to 21 and the Appendix of the Berne Convention.

Article 2 Scope of Copyright Protection

Copyright protection extends to expressions and not to ideas, procedures, methods of operation or mathematical concepts as such.

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

Contracting Parties shall apply mutatis mutandis the provisions of Articles 2 to 6 of the Berne Convention in respect of the protection provided for in this Treaty.

Article 4 Computer Programs

Computer programs are protected as literary works within the meaning of Article 2 of the Berne Convention. Such protection applies to computer programs, whatever may be the mode or form of their expression.

Article 5 Compilations of Data (Databases)

Compilations of data or other material, in any form, which by reason of the selection or arrangement of their contents constitute intellectual creations, are protected as such. This protection does not extend to the data or the material itself and is without prejudice to any copyright subsisting in the data or material contained in the compilation.

Article 6 Right of Distribution

(1) Authors of literary and artistic works shall enjoy the exclusive right of authorizing the making available to the public of the original and copies of their works through sale or other transfer of ownership.

(2) Nothing in this Treaty shall affect the freedom of Contracting Parties to determine the conditions, if any, under which the exhaustion of the right in paragraph (1) applies after the first sale or other transfer of ownership of the original or a copy of the work with the authorization of the author.

Article 7 Right of Rental

(1) Authors of

I. computer programs;

(ii) cinematographic works; and

(iii) works embodied in phonograms, as determined in the national law of Contracting Parties,

shall enjoy the exclusive right of authorizing commercial rental to the public of the originals or copies of their works.

(2) Paragraph (1) shall not apply

I. in the case of computer programs, where the program itself is not the essential object of the rental; and

(ii) in the case of cinematographic works, unless such commercial rental has led to widespread copying of such works materially impairing the exclusive right of reproduction.

(3) Notwithstanding the provisions of paragraph (1), a Contracting Party that, on April 15, 1994, had and continues to have in force a system of equitable remuneration of authors for the rental of copies of their works embodied in phonograms may maintain that system provided that the commercial rental of works embodied in phonograms is not giving rise to the material impairment of the exclusive right of reproduction of authors.

Article 8 Right of Communication to the Public

Without prejudice to the provisions of Articles 11(1)(ii), 11bis(1)( I ) and (ii), 11ter(1)(ii), 14(1)(ii) and 14bis(1) of the Berne Convention, authors of literary and artistic works shall enjoy the exclusive right of authorizing any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access these works from a place and at a time individually chosen by them.

Article 9 Duration of the Protection of Photographic Works

In respect of photographic works, the Contracting Parties shall not apply the provisions of Article 7(4) of the Berne Convention.

Article 10 Limitations and Exceptions

(1) Contracting Parties may, in their national legislation, provide for limitations of or exceptions to the rights granted to authors of literary and artistic works under this Treaty in certain special cases that do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author.

(2) Contracting Parties shall, when applying the Berne Convention, confine any limitations of or exceptions to rights provided for therein to certain special cases that do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author.

Article 11 Obligations concerning Technological Measures

Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law.

Article 12 Obligations concerning Rights Management Information

(1) Contracting Parties shall provide adequate and effective legal remedies against any person knowingly performing any of the following acts knowing, or with respect to civil remedies having reasonable grounds to know, that it will induce, enable, facilitate or conceal an infringement of any right covered by this Treaty or the Berne Convention:

I. to remove or alter any electronic rights management information without authority;

(ii) to distribute, import for distribution, broadcast or communicate to the public, without authority, works or copies of works knowing that electronic rights management information has been removed or altered without authority.

(2) As used in this Article, "rights management information" means information which identifies the work, the author of the work, the owner of any right in the work, or information about the terms and conditions of use of the work, and any numbers or codes that represent such information, when any of these items of information is attached to a copy of a work or appears in connection with the communication of a work to the public.

Article 13 Application in Time

Contracting Parties shall apply the provisions of Article 18 of the Berne Convention to all protection provided for in this Treaty.

Article 14 Provisions on Enforcement of Rights

(1) Contracting Parties undertake to adopt, in accordance with their legal systems, the measures necessary to ensure the application of this Treaty.

(2) Contracting Parties shall ensure that enforcement procedures are available under their law so as to permit effective action against any act of infringement of rights covered by this Treaty, including expeditious remedies to prevent infringements and remedies which constitute a deterrent to further infringements.

Article 15 Assembly

(1)

A. The Contracting Parties shall have an Assembly.

B. Each Contracting Party shall be represented by one delegate who may be assisted by alternate delegates, advisors and experts.

C. The expenses of each delegation shall be borne by the Contracting Party that has appointed the delegation. The Assembly may ask the World Intellectual Property Organization (hereinafter referred to as "WIPO") to grant financial assistance to facilitate the participation of delegations of Contracting Parties that are regarded as developing countries in conformity with the established practice of the General Assembly of the United Nations or that are countries in transition to a market economy.

(2)

A. The Assembly shall deal with matters concerning the maintenance and development of this Treaty and the application and operation of this Treaty.

B. The Assembly shall perform the function allocated to it under Article 17(2) in respect of the admission of certain intergovernmental organizations to become party to this Treaty.

C. The Assembly shall decide the convocation of any diplomatic conference for the revision of this Treaty and give the necessary instructions to the Director General of WIPO for the preparation of such diplomatic conference.

(3)

A. Each Contracting Party that is a State shall have one vote and shall vote only in its own name.

B. Any Contracting Party that is an intergovernmental organization may participate in the vote, in place of its Member States, with a number of votes equal to the number of its Member States which are party to this Treaty. No such intergovernmental organization shall participate in the vote if any one of its Member States exercises its right to vote and vice versa.

(4) The Assembly shall meet in ordinary session once every two years upon convocation by the Director General of WIPO.

(5) The Assembly shall establish its own rules of procedure, including the convocation of extraordinary sessions, the requirements of a quorum and, subject to the provisions of this Treaty, the required majority for various kinds of decisions.

Article 16 International Bureau

The International Bureau of WIPO shall perform the administrative tasks concerning the Treaty.

Article 17 Eligibility for Becoming Party to the Treaty

(1) Any Member State of WIPO may become party to this Treaty.

(2) 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.

(3) 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.

Article 18 Rights and Obligations under the Treaty

Subject to any specific provisions to the contrary in this Treaty, each Contracting Party shall enjoy all of the rights and assume all of the obligations under this Treaty.

Article 19 Signature of the Treaty

This Treaty shall be open for signature until December 31, 1997, by any Member State of WIPO and by the European Community.

Article 20 Entry into Force of the Treaty

This Treaty shall enter into force three months after 30 instruments of ratification or accession by States have been deposited with the Director General of WIPO.

Article 21 Effective Date of Becoming Party to the Treaty

This Treaty shall bind

I. the 30 States referred to in Article 20, from the date on which this Treaty has entered into force;

(ii) each other State from the expiration of three months from the date on which the State has deposited its instrument with the Director General of WIPO;

(iii) the European Community, from the expiration of three months after the deposit of its instrument of ratification or accession if such instrument has been deposited after the entry into force of this Treaty according to Article 20, or, three months after the entry into force of this Treaty if such instrument has been deposited before the entry into force of this Treaty;

(iv) any other intergovernmental organization that is admitted to become party to this Treaty, from the expiration of three months after the deposit of its instrument of accession.

Article 22 No Reservations to the Treaty

No reservation to this Treaty shall be admitted.

Article 23 Denunciation of the Treaty

This Treaty may be denounced by any Contracting Party by notification addressed to the Director General of WIPO. Any denunciation shall take effect one year from the date on which the Director General of WIPO received the notification.

Article 24 Languages of the Treaty

(1) This Treaty is signed in a single original in English, Arabic, Chinese, French, Russian and Spanish languages, the versions in all these languages being equally authentic.

(2) An official text in any language other than those referred to in paragraph (1) shall be established by the Director General of WIPO on the request of an interested party, after consultation with all the interested parties. For the purposes of this paragraph, "interested party" means any Member State of WIPO whose official language, or one of whose official languages, is involved and the European Community, and any other intergovernmental organization that may become party to this Treaty, if one of its official languages is involved.

Article 25 Depositary

The Director General of WIPO is the depositary of this Treaty.

Source: UCLA[/color]

[Tami]

[color=\"#41121C\"]Overview of the Digital Millenium Copyright Act
(source: UCLA)

On October 12, 1998, the U.S. Congress passed the Digital Millennium Copyright Act, ending many months of turbulent negotiations regarding its provisions. Two weeks later, on October 28th, President Clinton signed the Act into law.

The Act is designed to implement the treaties signed in December 1996 at the World Intellectual Property Organization (WIPO) Geneva conference, but also contains additional provisions addressing related matters.

As was the case with the 'No Electronic Theft' Act (1997), the bill was originally supported by the software and entertainment industries, and opposed by scientists, librarians, and academics.

Highlights Generally:

· Makes it a crime to circumvent anti-piracy measures built into most commercial software.

· Outlaws the manufacture, sale, or distribution of code-cracking devices used to illegally copy software.

· Does permit the cracking of copyright protection devices, however, to conduct encryption research, assess product interoperability, and test computer security systems.

· Provides exemptions from anti-circumvention provisions for nonprofit libraries, archives, and educational institutions under certain circumstances.

· In general, limits Internet service providers from copyright infringement liability for simply transmitting information over the Internet.

· Service providers, however, are expected to remove material from users' web sites that appears to constitute copyright infringement.

· Limits liability of nonprofit institutions of higher education -- when they serve as online service providers and under certain circumstances -- for copyright infringement by faculty members or graduate students.

· Requires that "webcasters" pay licensing fees to record companies.

· Requires that the Register of Copyrights, after consultation with relevant parties, submit to Congress recommendations regarding how to promote distance education through digital technologies while "maintaining an appropriate balance between the rights of copyright owners and the needs of users."

· States explicitly that "nothing in this section shall affect rights, remedies, limitations, or defenses to copyright infringement, including fair use..."[/color]


[color=\"#41121C\"]Full Text of the Digital Millenium Copyright Act[/color]

[Tami]

[color=\"#41121C\"]This site is one of the best I've found for explaining copyright and infringement on the Net. There are many interactive areas on different aspects of copyright law.[/color]

[color=\"#41121C\"]Copyright Website[/color]

[color=\"#41121C\"]From this site's home page:

Welcome to the Copyright Website! This portal provides real world, practical and relevant copyright information for anyone navigating the net. Launched on May Day '95, the Copyright Website strives to lubricate the machinations of information delivery. As spice is to Dune, information is to the Web; the spice must flow. Or, if you prefer another metaphor, take the blue pill and I'll show you just how deep the rabbit hole goes.. ©Copyright Website 1995[/color]

[color=\"#41121C\"]Copyright Your Website[/color]
[color=\"#41121C\"]~ If you have a work that you would like to register with the United States Copyright Office, start the Wizard now. Total charge is $99.00 (including all shipping and government filing fees), and the entire process takes less than 5 minutes! [/color]

[color=\"#41121C\"]Visual[/color]
[color=\"#41121C\"]~ These are the visual infringers; people who have pushed the cinematic envelope, allegedly encroached upon another's copyright, and sometimes paid the price.[/color]

[color=\"#41121C\"]Audio[/color]
[color=\"#41121C\"]These are the sonic outlaws; people who have pushed the audio envelope, allegedly encroached upon another's copyright, and sometimes paid the price.[/color]

[color=\"#41121C\"]Digital[/color]
[color=\"#41121C\"]~ The Internet has been characterized as the largest threat to copyright since its inception. The Internet is awash in information, much of it with varying degrees of copyright protection. Copyrighted works on the net include news stories, software, novels, screenplays, graphics, pictures, Usenet messages and even email. In fact, the frightening reality is that almost everything on the Net is protected by copyright law.[/color]

[color=\"#41121C\"]Copyright Info[/color]
[color=\"#41121C\"]~ The Internet has been characterized as the largest threat to copyright since its inception. The Internet is awash in information, much of it with varying degrees of copyright protection. Copyrighted works on the net include news stories, software, novels, screenplays, graphics, pictures, Usenet messages and even email. In fact, the frightening reality is that almost everything on the Net is protected by copyright law. **NOTE** This section of their website covers how to build your own copyright notice & what it means, explains Fair Use, and discusses Public Domain.

All above material ©Copyright Website 1995[/color]

[Tami]

[url=\"http://www.wipo.int/\"]World Intellectual Property Organization [/url]

[url=\"http://www.eblida.org/ecup/\"]European Copyright User Platform [/url]

[url=\"http://portal.unesco.org/culture/en/ev.php-URL_ID=12313&URL_DO=DO_TOPIC&URL_SECTION=201.html\"]United Nations Educational, Scientific and Cultural Organization [/url]

[url=\"http://www.ifla.org/II/cpyright.htm\"]International Federation of Library Associations and Electronic Collections [/url]

[url=\"http://directory.google.com/Top/Society/Issues/Intellectual_Property/\"]Google Directory Listing for Intellectual Property [/url]