WIPO Copyright Treaty (WCT) - Joint Declarations
Date: 1996-12-20
Institutions: Argentina, Austria, Belarus, Belgium, Bolivia, Burkina Faso, Canada, Chile, Colombia, Costa Rica, Croatia, Denmark, Ecuador, Estonia, European Community, Finland, France, Germany, Ghana, Greece, Hungary, Indonesia, Ireland, Israel, Italy, Kazakhstan, Kenya, Kyrgyzstan, Luxembourg, Mexico, Moldova, Monaco, Mongolia, Namibia, Netherlands, Nigeria, Panama, Portugal, Romania, Senegal, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Togo, United Kingdom, United States, Uruguay, Venezuela
Subjects: World Intellectual Property Organisation, copyright, literary and artistic property

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WIPO COPYRIGHT TREATY

(WCT)

Geneva (1996)

Table of contents

Preamble

Article 1

Article 2

Article 3

Article 4

Article 5

Article 6

Article 7

Article 8

Article 9

Relation to the Berne Convention

Scope of copyright protection

Application of Articles 2 to 6 of the Berne Convention

Computer programs

Compilations of data (databases)

Right of distribution

Right of rental

Right of communication to the public

Duration of the protection of photographic works

Article 10

Limitations and exceptions

Article 11

Obligations concerning technological measures

Article 12

Obligations concerning rights management information

Article 13

Application in time

Article 14

Provisions on enforcement of rights

Article 15

Assembly

Article 16

International Bureau

Article 17

Eligibility for becoming Party to the Treaty

Article 18

Rights and obligations under the Treaty

Article 19

Signature of the Treaty

Article 20

Entry into force of the Treaty

Article 21

Effective date of becoming Party to the Treaty

Article 22

No reservations to the Treaty

Article 23

Denunciation of the Treaty

Article 24

Languages of the Treaty

Article 25

Depositary

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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,

RECOGNISING 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,

RECOGNISING the profound impact of the development and convergence of information and communication technolo-
gies on the creation and use of literary and artistic works,

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

RECOGNISING 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 Berne Convention,

HAVE AGREED AS FOLLOWS:

Article 1

Relation to the Berne Convention

1.
This Treaty is a special agreement within the meaning of
the Berne Convention for the Protection of
Article 20 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 obli-
gations 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.

Contracting Parties shall comply with Articles 1 to 21

4.
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

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 consti-
tute intellectual creations, are protected as such. This protec-
tion 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 authorising the making available to the public
of the original and copies of their works through sale or other
transfer of ownership.

Nothing in this Treaty shall affect

2.
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 authorisation 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;

Computer programs are protected as literary works within the
meaning of Article 2 of the Berne Convention. Such protection

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

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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 commer-
cial 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 phono-
grams 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 authorising 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 at 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 Conven-
tion.

Article 10

Limitations and exceptions

in their national

Contracting Parties may,

1.
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 exploi-
tation of the work and do not unreasonably prejudice the
legitimate interests of the author.

Contracting Parties

2.
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 unreason-
ably 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 authorised 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 infor-

mation without authority;

(ii) to distribute, import for distribution, broadcast or commu-
nicate to the public, without authority, works or copies of
works knowing that electronic rights management informa-
tion 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

Contracting Parties undertake to adopt,

1.
in accordance
with their legal systems, the measures necessary to ensure the
application of this Treaty.

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

Article 15

Assembly

1. (a) The Contracting Parties shall have an Assembly.

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(b) Each Contracting Party shall be represented by one dele-
gate 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
Organisation (hereinafter referred to as ‘WIPO’) to grant
financial assistance to facilitate the participation of dele-
gations of Contracting Parties that are regarded as devel-
oping countries in conformity with the established prac-
tice of the General Assembly of the United Nations or
that are countries in transition to a market economy.

The Assembly may decide to admit any intergovern-
2.
mental organisation 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 authorised, in accord-
ance with its internal procedures, to become Party to this
Treaty.

3.
The European Community, having made the Declaration
referred to the preceding paragraph in the Diplomatic Confer-
ence that has adopted this Treaty, may become Party to this
Treaty.

2. (a) The Assembly shall deal with matters concerning the
maintenance and development of his Treaty and the
application and operation of this Treaty.

Article 18

Rights and obligations under the Treaty

(b) The Assembly shall perform the function allocated to it
the admission of
under Article 17(2)
certain intergovernmental organisations to become Party
to this Treaty.

in respect of

(c) The Assembly shall decide the convocation of any diplo-
matic conference for the revision of this Treaty and give
the necessary instructions to the Director-General of
WIPO for the preparation of such diplomatic confer-
ence.

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
organisation 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 organisation 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.

The Assembly shall establish its own Rules of Procedure,
5.
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 adminis-
trative tasks concerning the Treaty.

Article 17

Eligibility for becoming Party to the Treaty

Any Member State of WIPO may become Party to this

1.
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 instru-
ments 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 organisation that is admitted
to become party to this Treaty, from the expiration of
three months after the deposit of its instrument of acces-
sion.

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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

This Treaty is signed in a single original

1.
in English,
Arabic, Chinese, French, Russian and Spanish languages, the
versions in all these languages being equally authentic.

An official text in any language other than those referred
2.
to in paragraph 1 shall be established by the Director-General
of WIPO on the request of an interested party, after consulta-
tion 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 inter-
governmental organisation that may become Party to this
Treaty,

languages is involved.

if one of its official

Article 25

Depositary

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

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Agreed statements

Concerning Article 1(4)

The reproduction right, as set out in Article 9 of the Berne Convention, and the exceptions permitted
thereunder, fully apply in the digital environment, in particular to the use of works in digital form. It is
understood that the storage of a protected work in digital form in an electronic medium constitutes a
reproduction within the meaning of Article 9 of the Berne Convention.

Concerning Article 3

It is understood that, in applying Article 3 of this Treaty, the expression ‘Country of the Union’ in Articles 2
to 6 of the Berne Convention will be read as if it were a reference to a Contracting Party to this Treaty, in
the application of those Berne Articles in respect of protection provided for in this Treaty. It is also
understood that the expression ‘country outside the Union’ in those Articles in the Berne Convention will,
in the same circumstances, be read as if it were a referance to a country that is not a Contracting Party to
this Treaty, and that ‘this Convention’ in Articles 2(8). 2bis(2). 3. 4 and 5 of the Berne Convention will be
read as if it were a reference to the Berne Convention and this Treaty. Finally, it is understood that a
reference in Articles 3 to 6 of the Berne Convention to a ‘national of one of the countries of the Union’
will, when these Articles are applied to this Treaty, mean, in regard to an intergovernmental organisation
that is a Contracting Party to this Treaty, a national of one of the countries that is member of that
organisation.

Concerning Article 4

The scope of protection for computer programs under Article 4 of this Treaty, read with Article 2, is
consistent with Article 2 of the Berne Convention and on a par with the relevant provisions of the TRIPS
Agreement.

Concerning Article 5

The scope of protection for compilations of data (databases) under Article 5 of this Treaty, read with Article
2, is consistent with Article 2 of the Berne Convention and on a par with the relevant provisions of the
TRIPS Agreement.

Concerning Articles 6 and 7

As used in these Articles, the expressions ‘copies’ and ‘original and copies’ being subject to the right of
distribution and the right of rental under the said Articles, refer exclusively to fixed copies that can be put
into circulation as tangible objects.

Concerning Article 7

It is understood that the obligation under Article 7(1) does not require a Contracting Party to provide an
exclusive right of commercial rental to authors who, under that Contracting Party's law, are not granted
rights in respect of phonograms. It is understood that this obligation is consistent with Article 14(4) of the
TRIPS Agreement.

Concerning Article 8

It is understood that the mere provision of physical facilities for enabling or making a communication does
not in itself amount to communication within the meaning of this Treaty or the Berne Convention. It is
further understood that nothing in Article 8 percludes a Contracting Party from applying Article 11bis(2).

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Concerning Article 10

It is understood that the provisions of Article 10 permit Contracting Parties to carry forward and
appropriately extend into the digital environment limitations and exceptions in their national laws which
have been considered acceptable under the Berne Convention. Similarly, these provisions should be
understood to permit Contracting Parties to devise new exceptions and limitations that are appropriate in
the digital network environment.

It is also understood that Article 10(2) neither reduces nor extends the scope of applicability of the
limitations and exceptions permitted by the Berne Convention.

Concerning Article 12

It is understood that the referance to ‘infringement of any right coverd by this Treaty or the Berne
Convention’

includes both exclusive rights and rights of remuneration.

It is further understood that Contracting Parties will not rely on this Article ot devise or implement rights
management systems that would have the effect of imposing formalities which are not permitted under the
Berne Convention or this Treaty, prohibiting the free movement of goods or impeding the enjoyment of
rights under this Treaty.