Both treaties contain provisions on computer-related issues, in particular having regard to matters arising from use of the Internet. Each treaty will come into effect once it has been ratified by thirty of the signatory countries. The first of the new treaties, entitled WIPO Copyright Treaty, amends the Berne Convention in a number of ways. A further proposed treaty that was expected to be considered in Geneva relating to protection for matter extracted from databases was deferred for later consideration.
Computer programs are to be protected as literary works.
Compilations of data which by reason of their selection or arrangement are intellectual creations are to be protected by copyright but this protection does not in itself extend to the data or material in the database, although this does not prejudice the possibility that such data or material may be entitled to protection in its own right. In addition to a general distribution right applicable to all copyright owners, a specific rental right is provided for computer programs, cinematographic works and phonograms. A proposed further right to clarify the extent to which temporary reproduction of a copyrighted work, for example, when browsing on the Internet, was not adopted, largely as a result of the opposition by the communications industry that was fearful that it would be exposed to copyright infringement actions for supply of such material over the Internet. In the end it was agreed to leave matters as they stand under the provisions of the Berne Convention. Presumably this will apply to unauthorized decoders for decoding scrambled television broadcasts and the like but the wording is much broader than this.