list of contributors - GALA

2. Case Report
Topic: Incorporation of the World Intellectual Property Organization Copyright
Treaty (WCT) and the World Intellectual Property Organization
Performances and Phonograms Treaty (WPPT), to the Venezuelan
Legislation
When: December 23 rd , 2004 and January 3, 2005
Where: Caracas, Venezuela
What Happened: Last December, the World Intellectual Property Organization Copyright
Treaty (WCT)was incorporated into the Venezuelan Legislation, by its
publication in the Official Gazette, , which was drawn up in the Diplomatic
Conference about some matters of Copyright and Neighboring Rights, that
took place in Geneva in 1996.
This Treaty contents dispositions such as:
• The non protection of ideas, procedures, operation methods or
mathematic concept per se;
• The protection of software as literary works, in the same sense as this
are protected in the Bern Convention;
• The protection of data bases;
• Acknowledgement of the exclusives rights of distribution and public
communication;
• Faculty of the Countries of establishing limitations and exceptions to
the acknowledged rights, as long as its not attempting to the normal use of
the work and not causes an unnecessary prejudice to the author;
• Obligation for the Countries to prosecute the elusion of the
technological measures that the authors may use to protect their works;
• The countries are forced to prosecute those persons that modify
without the respective authorization, any information about the
management of the copyright; as well as the distribution and the public
communication of samples of the work, knowing that the information has
been modified without authorization;
In this same sense, last January 3 rd the World Intellectual Property
Organization Performances and Phonograms Treaty (WPPT) also were
incorporated to the Venezuelan Legislation.
This Treaty compiles the rights of the performers and the phonographic
producers, in dispositions such as:
• Acknowledgement of the national treatment principle, for protection
of the foreign performers;
• Acknowledgement of the moral rights of paternity over his
performance, and to oppose to any deformation or modification that could
cause a prejudice to the performer;
• Acknowledgement of the rights of reproduction and distribution;
• Acknowledgement of an equal remuneration to the performers and
phonographic producers, for the broadcasting or any kind of public
communication of the phonograms.