Proposal for a Decision of the Council authorising the signature, on behalf of the European Community, of the WIPO Copyright Treaty and the WIPO Performances and Phonograms Treaty
Date: 1997-05-06
Institutions: European Commission
Subjects: World Intellectual Property Organisation, accession to an agreement, broadcasting, copyright, literary and artistic property

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  06.05.1997 
COM(97)  193 final 

Proposal for a decision of the Council authorising the signature, on behalf of the 
European Community, of the WIPO Copyright  Treaty and the WIPO 
Performances and Phonograms Treaty 

(presented  by the  Commission) 

Proposal for a decision of the Council authorising the signature, on behalf of the 
European Community, of the WIPO Copyright  Treaty and the WIPO 
Performances and Phonograms Treaty 

On 20 December  1996 delegations participating in the WIPO Diplomatic  Conference 
on Certain Copyright and Neighbouring Rights Questions in Geneva adopted the texts 
of two treaties in the field of intellectual property.  The first treaty, the WIPO 
Copyright Treaty (CT ), covers copyright; the second, the WIPO Performances and 
Phonograms Treaty (PPT), deals with neighbouring rights. 

The European Community, represented by the Commission, actively participated in 
the preparatory work, on the basis of the directives for negotiation decided by the 
Council in 1991 and  1993.  A new negotiating mandate was decided by the Council 
in November  1996 for the Diplomatic Conference, in which the Community 
participated as a special delegation. 

The Treaties were opened for signature the same day, and will remain open until 31 
December  1997.  They will come into force three months after 30 instruments of 
ratification  or accession by Member States have been deposited with WIPO. 

Content of the Treaties 

The Copyright Treaty completes the Berne Convention for the protection of literary 
and artistic works, which was last revised in  1971, and adapts it to the digital 
environment.  Authors will be able to benefit from legal protection for the 
distribution,  rental, communication to the public and making available to the public 
(over networks?) of their works. Explicit protection is provided for computer 
programs and databases.  In addition the Treaty contains provisions on technological 
measures (such as on the contravention of anti-copy devices) and on rights 
management information  as well as provisions on the enforcement  of rights. 

As far as the Performances  and Phonograms Treaty is concerned, this latter represents 
an important step forward  for the protection of performers and phonogram producers. 
Under the new Treaty, these right holders will be able to benefit  from an exclusive 
right of reproduction, distribution, rental, and making available to the public (over 
networks?) of their performances  and phonograms.  Moreover performers and 
phonogram producers will also benefit  from  a right of remuneration for broadcasting 
and all other forms of communication to the public of phonograms published  for 
commercial purposes.  Just as in the Copyright Treaty, this Treaty sets out provisions 
on technological measures, on rights management systems and on the enforcement of 
rights. 

These treaties, together with the legislative actions recently proposed by the 
Commission in its Communication on copyright and neighbouring rights in the 
Information  Society, will contribute to the establishment of a high level of protection 

for works, while permitting access to the public to the contents which will be 
delivered through electronic networks.  In this respect all interested parties were 
satisfied with the result of the negotiations, particularly in relation to the ability of the 
provisions to stand up to the challenges of new technology (ies), and they are now 
hoping for rapid adoption of the Treaties by the Community and its Member States. 

The possibility of the Community becoming party to the Treaties 

According to Article 17(3)  of the Copyright Treaty and Article 26(3) of the 
Performers and Phonograms Treaty, the European Community is able to become a 
contracting party. 

Politically speaking, the conclusion of these Treaties by the Council would 
demonstrate the interest which the Community has in intellectual property  rights.  By 
contributing to the creation of  an environment in support of the Treaties, the 
Community would pave the way for wide participation, in accordance with the wishes 
and economic interests of  Community industry and creative artists in the EU. 

Moreover this would have an extremely positive effect  on the likelihood of the 
Treaties entering into force quickly.  A certain number of delegations, notably the 
PECOs, have already let it be understood that their accession to the Treaties depends 
on that of the European Community and its Member States.  This means that any 
delay in approval of the Treaty by the Community and its Member States will lead to 
delay on the part of these other delegations. 

Since the Community and its Member States have accepted the content of the Treaties 
by consensus, it would seem to be in their interest for them to give their approval as 
soon as possible.  In this respect 7 EU Member States (Belgium, Germany, Greece, 
Spain, Italy, Luxembourg, UK) have already signed the Treaties.  The Community 
has also signed the Treaties, it being understood that this signature was to be 
considered provisional until internal procedures within the Council and the EU had 
been completed. 

It is therefore appropriate to propose a decision of the Council authorising signature 
under reserve of ratification,  so allowing a formal validity to be attributed to the 
provisional signature.  It is also appropriate to propose a recommendation of the 
Council addressed to Member States with the aim of  having the Treaty signed by all 
Member States before the closing date of 31 December  1997. 

Signature by Member States will demonstrate anew the will to proceed with  follow-up 
action, and as far as national procedures are concerned, with the ratification  of the 
Treaties.  At the same time it will have the advantage of giving a strong political 
signal to third countries about the willingness of the Community and its Member 
States to approve the Treaties, without having to wait for the deposit of instruments of 
ratification. 

Ratification  of the Treaties will have to take place at a future date to be determined, 
taking into account the need to coordinate action between the Community and its 
Member States. 

Conclusion 

In view of the considerations set out above, it is proposed that the Council: 

(1) 

(2) 

(3) 

authorises the Commission to formally confirm  signature, under reserve of 
ratification,  of the WIPO Copyright Treaty, for the relevant areas of 
Community competence. 

authorises the Commission to formally  confirm  signature under reserve of 
ratification,  of the WIPO Performances and Phonograms Treaty, for the 
relevant areas of Community competence. These decisions should take the 
form of an entry in the Council Minutes. 

recommends to Member States that those who have not yet done so proceed 
immediately to sign the Treaties, and in any case do so before the closing date 
of 31 December  1997, under reserve of ratification. 

ISSN 0254-1475 

COM(97)  193  final 

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ISBN 92-78-19366-6 

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