1996, the WIPO Copyright Treaty
(WCT) was adopted, aimed at updating
A 1999 WIPO-run workshop on implementing the WIPO Copyright Treaty
Among these are the WIPO Copyright Treaty
(WCT) and the WIPO Performances and Phonograms Treaty (WPPT), often collectively referred to as the "WIPO Internet Treaties".
International conventions covered include the Berne Convention for the Protection of Literary and Artistic Works, the WIPO Copyright Treaty
and Performances and Phonograms Treaty, Rome Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations, and articles nine to 14 of the Agreement on Trade-Related Aspects of Intellectual Property.
The Council adopted, on 23 July, a set of guiding principles for ratification of the 1996 treaties of the World Intellectual Property Organisation (WIPO), namely the WIPO Performances and Phonograms Treaty (WPPT) and the WIPO Copyright Treaty
8 of the WIPO Copyright Treaty
, 1996 [Ed.-- to which the U.S.
The WIPO Copyright Treaty
states that the reproduction right set out in Article 9 of the Berne Convention fully applies to digital formats, providing strong guidance for libraries and librarians who until that time had been uncertain how the Berne Convention might apply in the digital age.
In 1996, WIPO member states adopted the WIPO Copyright Treaty
(WCT) and the WIPO Performances and Phonograms Treaty (WPPT).
For example, Article 4 of the WIPO Copyright Treaty
now states that computer programs are to be protected as literary works within the meaning of standard copyright law.
Primary source materials include international conventions, WIPO Copyright Treaty
and Patent Cooperation Treaty.
There were in fact two agreements reached in December 1996: the WIPO Copyright Treaty
and the WIPO Performances and Phonograms Treaty.
This commentary clearly indicated that the WIPO Treaty was intended to be more protectionist than the TRIPS or Berne articles, and it even hinted that some American fair use jurisprudence would be in violation of the Article.(97) Samuelson contended that the sum of all of these modifications from the language in TRIPS Article 13 and Berne Article 9(2) "would have significantly advanced the potential for a successful WTO challenge to national exceptions or limitations."(98) Whether Samuelson's doomsday predictions for American fair use law would have come true are only speculation now, as the final version of the WIPO Copyright Treaty
merely repeats the language contained in TRIPS Article 13 and Berne Article 9(2).