WIPO INTERNET TREATIES ON INTERNET PIRACY

To fight Internet piracy, the World Intellectual Property Organization (WIPO) concluded two copyright treaties in Geneva in 1996: the WIPO Copyright Treaty (WCT) and the WIPO Performances and Phonograms Treaty (WPPT), collectively known as the "WIPO Internet Treaties" which entered into force in 2002. The WIPO Internet Treaties set out the minimum standard of intellectual property protection with respect to the delivery of copyrighted works on the Internet. This summary will address the following questions, what copyright and related rights are protected on the Internet under the WIPO Internet Treaties, what is the purpose of the WIPO Internet Treaties, and what are the two technological adjuncts to the rights required by the WIPO Internet treaties.

The rapid growth of the Internet has facilitated a global distribution network for pirated products. Copyright piracy on the Internet has become a serious problem, and in order to tackle this problem, numerous countries are implementing the WIPO Internet Treaties. There were 58 members of the WCT and 57 members of the WPPT as of April 28, 2006. Other countries have implemented the most important provisions of the WIPO Internet Treaties without ratifying the treaty within its domestic legislation. The WIPO Internet Treaties represent the view of a majority of the world community that the copyright protection under existing agreements should be supplemented to eliminate any remaining gaps on copyright protection on the Internet. The WIPO Internet Treaties are now part of the legal regime of international intellectual property rights.

What copyright and related rights are protected on the Internet under the WIPO Internet Treaties?
The WCT deals with protection for authors of literary and artistic works, such as original databases, writings and computer programs, audiovisual works, musical works, works of fine art and photographs. The WPPT deals with the protection of certain copyright-related rights, such as the rights of performers and producers of phonograms.

What is the purpose of the WIPO Internet Treaties?
The main purpose of the WIPO Internet treaties is to supplement and update the existing WIPO treaties on copyright and related rights, in response to developments in technology and in the marketplace. After the adoption of the Berne and Rome Conventions various new types of works, new markets, and new methods of use and dissemination have evolved. Both the WCT and the WPPT treaties deal with the problem posed by today's digital technologies, particularly the dissemination of protected material over the Internet.

The signatory countries to the WIPO Internet treaties are required to provide a framework of basic rights, allowing creators to control their works and be compensated for the various ways in which their creations are used and enjoyed by others, and guaranteeing that their rights will continue to be adequately and effectively protected when their works are disseminated over the Internet. Therefore, the WIPO Internet treaties clarify the question of whether existing copyright agreements would apply to the Internet. The WIPO Internet treaties further clarify that countries have reasonable flexibility in establishing exceptions or limitations to rights in the digital environment, in order to maintain a fair balance of interests between the owners of rights and the general public. In some circumstances countries may grant exceptions for uses deemed to be in the public interest, such as for non-profit educational and research purposes.

What are the two technological adjuncts to the rights required by the WIPO Internet treaties?
The signatory countries to the WIPO Internet treaties are required by the treaties to provide two types of technological adjuncts to the rights apart from the rights themselves. These technological adjuncts are intended to ensure that right holders can effectively use technology to protect their rights and to license their works online, and are provisions for (1) ‘anti-circumvention' and (2) ‘rights management information'. The anti-circumvention provision deals with the problem of hacking; by this provision the countries are required to provide adequate legal protection and effective remedies against the circumvention of technological measures used by right holders to protect their rights. The rights management information provision protects the reliability and integrity of the online marketplace by requiring signatory countries to prohibit the deliberate alteration or deletion of electronic information which accompanies any protected material, and which identifies the work, its performer, creators, or owner, and the terms and conditions for its use.

Conclusion:
The WIPO Internet treaties clarify the rights related to intellectual property on the Internet and prohibit the devices and services intended to circumvent technological protection measures for copyrighted works.