Legal Aspects of the Information Society. - Free Technology Academy

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GNUFDL • 8 Intellectual property: authors' rights and copyright The Berne Convention establishes the basic framework for Authors' rights, including the works that are protected, the scope and duration of rights and their limits, and certain specific provisions for developing countries. Chronologically, the next international treaty related to IPR is the AgreementregardingtheTrade-RelatedAspectsofIntellectualPropertyof 1994, known by its acronym "TRIPS", sponsored by the WTO (see above). The agreement covers various broad issues such as how basic principles of the trading system and other international intellectual property agreements should be applied and how to give adequate protection to intellectual property rights. It also regulates how countries should enforce those rights adequately in their own territories and how to settle disputes on intellectual property between members of the WTO. The most relevant contributions made by the TRIPS Agreement as to Authors' rights in the information society are: – It compels signatory states to observe the provisions of the Berne Convention, with the exception of the requirements pertaining to moral rights. – It protects computer programs as literary works, and outlines the protection for databases. For the signatory states of the TRIPS Agreement, the provisions of the Berne Convention are applicable to computer programs, regardless of whether they are signatories of the Berne Convention. – It imposes upon the signatory states the obligation to grant the owners of Authors' rights to a computer program the right to authorise or prohibit the rentals of its products. The legislative work at the international level did not end with these two treaties, and in 1996, two new treaties were subscribed under the WIPO framework, to adapt Authors' rights to the technological evolution, mainly the internet: the WIPOCopyrightTreaty (WCT) and the WIPOTreaty onInterpretationorPerformanceandPhonograms (WPPT). The WCT entered into force on 6 March 2002 and provides protection to authors of literary and artistic works, including original computer programs and databases. As we shall see, the European Union and the United States have pioneered the application of the provisions of this treaty in adopting the Copyright Directives in the European Union and the Digital Millennium Copyright Act (DMCA) in the United States. The most relevant aspects of the WCT are: – It universalises the Berne Convention and redefines its concepts within the new technological context, guaranteeing to rights holders that their rights will continue to be protected when their works are disclosed through new technologies and communication systems, such as the internet, creating new rights applicable to the internet environment.
GNUFDL • 9 Intellectual property: authors' rights and copyright – It introduces the legal protection of the technological measures of protection, which we will comment on later. Complete texts of the treaties The complete text of all WIPO treaties and a list of their signatories are available on its website. The complete text of the TRIPS Agreement, along with its signatories and an explanation of its provisions, is available on the WTO website. 1.4.2. Authors' rights/copyright in European Law Traditionally, in Europe, Member States have regulated intellectual property (copyright), leading to a huge casuistry in the regulation of the subject. Nonetheless, at this time, the centre producing legislation on intellectual property in Europe is no longer formed so much by the states as it is by the European Commission. The function of the European Commission is complex inasmuch as, besides harmonising national legislations in the matter (where the copyright based system coexists with the Authors' rights system), it must attend to the international commitments acquired mainly, as we have seen, within WIPO and WTO. The European regulations on Authors' rights and computer programs is based on Directive91/250/CEE of the Council, of 14 May 1991, regarding the legal protection of computer programs, modified by Directive 93/98/CEE of the Council, of 29 October 1993 and restated in 2009 by Directive2009/24/EC (the Computer Programs Directive). This Directive establishes that computer programs shall be protected by Authors' rights as literary works, as provided by the Berne Convention. As regards Authors' rights more generally, Directive2001/29/CE, of 22 May 2001, was adopted, regarding the standardisation of certain aspects of Authors' rights and neighbouring rights in the information society (the Copyright in the Information Society Directive, of EUCD). This new Directive seeks to bring all current regulations up to date, complying with the commitments assumed under the WCT. The negotiation of this Directive was controversial and implied a protracted debate on how to regulate copyright in a digital world. The PrinciplesoftheCopyrightintheInformationSocietyDirective(EU- CD) are as follows: • It broadens the concepts of reproduction and public communication (now including the right to make the work available to the public, e.g. by internet download), applied to all works, including software and to the complementary documentation distributed over the internet.
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