World Intellectual Property Organization Copyright Treaty (WCT) (1996)*
（注*：本条约于1996年12月20日由关于版权和邻接权若干问题外交会议在日内瓦通过。）(note *: this treaty was adopted at Geneva on 20 December 1996 by the Diplomatic Conference on copyright and adjacent rights.)
Attached
Agreed statement of the Diplomatic Conference on the adoption of the treaty
On 20 December 1996, the World Intellectual Property Organization held a diplomatic conference on several issues of copyright and adjacent rights in Geneva. The conference adopted the WIPO Copyright Treaty (WCT).
The treaty consists of a preamble and 25 main texts, which is intended to protect the interests of copyright holders more fully in the field of information technology and communication technology, especially in the field of the Internet. The treaty provides that computer programs will be protected as literary works, and such protection applies to various computer programs, regardless of their expression or expression. The treaty also provides that the author of literary and artistic works shall have the exclusive right to authorize the public to provide the public with the original or duplicate of their works through the sale or other transfer of ownership, as well as the exclusive right to rent and disseminate them to the public.
On 6 March 2002, the treaty entered into force.
As of 13 October 2006, 60 countries had joined the WIPO Copyright Treaty.
On December 29th, 2006, the 25th meeting of the Standing Committee of the Tenth National People's Congress deliberated and made a decision to accede to the copyright treaty of the world intellectual property organization. On March 6, 2007, the Chinese government formally submitted the letter of accession to the world intellectual property organization. On June 9, the copyright treaty of the World Intellectual Property Organization came into force in China.
The agreed statement of the Diplomatic Conference on several WCT provisions of the diplomatic conference * * (note * *) (adopted by this Treaty) is printed in footnote form under the relevant provisions
preface
Article 1: relationship with the Berne Convention
Article 2: scope of copyright protection
Article 3: application of articles 2 to 6 of the Berne Convention
Article 4: computer programs
Article 5: data compilation (database)
Article 6: right to issue
Article 7: right to let
Article 8: right to communicate to the public
Article 9: duration of protection of photographic works
Article 10: restrictions and exceptions
Article 11: obligations on technical measures
Article 12: obligations on information on rights management
Article 13: applicable time limit
Article 14: Provisions on the exercise of rights
Article 15: General Assembly
Article 16: International Bureau
Article 17: eligibility to become a party to this treaty
Article 18: rights and obligations under this treaty
Article 19: signature of this treaty
Article 20: entry into force of this treaty
Article 21: date of entry into force of becoming a party to this treaty
Article 22: this treaty shall not have reservations
Article 23: denunciation
Article 24: languages of this treaty
Article 25: depositor
preface
The parties, in order to develop and safeguard the rights of authors to their literary and artistic works in the most effective and consistent manner possible, recognize the need for the adoption of new international rules and clarification of the interpretation of certain existing rules in order to provide appropriate solutions to problems raised by the new situation of economic, social, cultural and technological development, and the development of information and communication technologies The exhibition and convergence have a profound impact on the creation and use of literary and artistic works, emphasize the importance of copyright protection as a factor of promoting literary and artistic creation, and recognize the need to maintain the balance between the rights of the author and the interests of the general public, especially the interests of education, research and information, as reflected in the Berne Convention. The agreement is as follows:
Article 1 Relationship with the Berne Convention
(l) For parties that are members of the Union established under the Bern Convention for the protection of literary and artistic works, this treaty is a special agreement within the meaning of Article 20 of the Convention. This treaty shall not be related to treaties other than the Berne Convention, nor shall it prejudice any rights and obligations under any other treaty.
(2) Nothing in this treaty shall derogate from the existing obligations of the parties to each other under the Bernie Convention on the protection of literary and artistic works.
(3) "Berne Convention" means the Paris text of 24 July 1971 of the Bernie Convention for the protection of literary and artistic works.
(4) The parties shall comply with articles l to 21 and the annex to the Berne Convention. ①
(Note 1: the agreed statement on Article 1 (4): the right to copy and the exceptions permitted by Article 9 of the Berne Convention are fully applicable to the digital environment, especially in the case of the use of works in digital form. It is self-evident that the digital storage of protected works in electronic media constitutes a reproduction within the meaning of Article 9 of the Bernie convention.)
Article 2 scope of copyright protection
Copyright protection extends expression, not to ideas, processes, methods of operation or mathematical concepts themselves.
Application of Articles 3 to articles 2 to 6 of the Berne Convention
The protection provided for in this treaty shall be adapted to articles 2 to 6 of the Berne Convention. ②
(Note 2: agreed statement on Article 3: it is self-evident that when article 3 of this treaty is applied, the "Member States of the union" in Articles 2 to 6 of the Berne Convention will be deemed to refer to the parties to this treaty as if they were the same. Moreover, it is self-evident that "non members of the union" in these articles of the Berne Convention shall be deemed to be, in the same case, as if it were a state not a party to this treaty, and the "Convention" in Articles 2 (8), 2 bis (2), 3, 4 and 5 of the Berne Convention will be deemed to refer to the Berne Convention and this treaty. Finally, it is self-evident that the "nationals of one of the States members of the union" referred to in Articles 3 to 6 of the Berne Convention, when applying these Provisions to this treaty, refer to the nationals of the intergovernmental organizations that are parties to this treaty, and those of one of the States members of the organization.)
Article 4 computer program
Computer program is protected as a literary work under the meaning of Article 2 of the Berne treaty. This protection is applicable to computer programs, regardless of their expression or expression. ①
(Note 1: the agreed Declaration on Article 4: the scope of computer program protection as provided for in Article 4 of this treaty shall be consistent with the provisions of Article 2 of the Berne Convention and the relevant provisions of TRIPS Agreement in accordance with the interpretation of Article 2.)
Article 5 data compilation (database)
The compilation of data or other data, whether in any form, is protected by itself as long as the intellectual creation is constituted by the selection or arrangement of its contents. This protection does not extend to the data or the data itself, nor does it prejudice any copyright existing in the data or information in the compilation. ②
(Note 2: agreed statement on Article 5: the scope of data compilation (database) protection provided for in Article 5 of this treaty is consistent with the provisions of Article 2 of the Berne Convention and the relevant provisions of TRIPS Agreement as per the interpretation of Article 2
Article 6 right of issue
(1) The author of a literary and artistic work shall have the exclusive right to authorize the public to provide the public with the original or duplicate of his works through the sale or other transfer of ownership.
(2) Nothing in this treaty shall affect the freedom of the parties to determine the conditions on which the exhaustion of the rights in paragraph (1) of this article is applied (if any) after the original or duplicate of the work is authorized by the author to be sold for the first time or the transfer of ownership. ③
(note ③: the agreed statement on articles 6 and 7: the terms "duplicate" and "original and duplicate" in the two articles are subject to the right of issue and lease in the two articles, and refer to fixed copies which can be put into circulation as tangible goods.)
Article 7 right to let
(1) (I) computer program
(II) film works, and
(III) the author of a work embodied in a sound recording product shall have the exclusive right to authorize commercial lease of the original or duplicate of his work to the public in accordance with the provisions of the domestic law of the parties.
(2) Paragraph (L) of this article shall not apply to:
(I) the program itself is not a computer program for leasing the main object; and
(II) film works, unless such commercial leasing has led to extensive reproduction of such works, seriously impairs the right to copy the exclusive right.
(3) Notwithstanding paragraph (1) of this article, any party may retain the system if it has, and is still in effect, on 15 April 1994, a system whereby the author rents copies of his works represented by the recordings to obtain reasonable remuneration, and may retain the system as long as the commercial lease of the work embodied in the recording product does not cause serious damage to the exclusive right of the author to reproduce. ④⑤
(note ④: the agreed statement on articles 6 and 7: the terms "duplicate" and "original and duplicate" in the two articles are subject to the right of issue and lease in the two articles, and refer to fixed copies which can be put into circulation as tangible goods.
Note ⑤: agreed statement on Article 7: it is self-evident that the obligations under Article 7 (1) do not require parties to provide for exclusive commercial lease of the authors who have not granted their right to audio recordings in accordance with the law of the contracting method. This obligation should be understood to be consistent with Article 14 (4) of the TRIPS Agreement.)
Article 8 right to communicate to the public
Without prejudice to the provisions of Article 11, paragraph (1) (II), 11 bis (1) (I) and (II), 11 ter (I), 14 (1) (II), 11 ter (I), 14 (1) (II) and 14 bis (1), the author of literary and artistic works shall have exclusive rights to authorize his work to be wired or wireless To disseminate to the public, including by providing their works to the public, so that members of the public can obtain them at the places and times selected by their individuals. ①
(Note 1) with regard to the article 8 agreed statement: it is self-evident that the provision of physical facilities for the purpose of facilitating or conducting communication does not constitute communication within the meaning of the treaty or the Bernie convention. Moreover, nothing in Article 8 shall be construed as preventing parties from applying Article 11 bis (2))
Article 9 protection period of photographic works
In the case of photographic works, the parties shall not apply the provisions of Article 7 (4) of the Berne Convention.
Article 10 restrictions and exceptions
(1) In some cases, the parties may, in their domestic legislation, restrict or exception the rights granted to authors of literary and artistic works in accordance with this treaty, in cases where they do not conflict with the normal use of the work or unreasonably impair the legitimate rights and interests of the author.
(2) When applying the Bernie convention, the parties shall limit any restrictions or exceptions to the rights provided for in the Convention to certain special situations which are not inconsistent with the normal use of the work or unreasonably impair the legitimate interests of the author. ②
(Note 2: agreed statement on Article 10: it is self-evident that the provisions of Article 10 allow parties to continue to apply and extend to the digital environment the limitations and exceptions in their domestic law which are deemed acceptable under the Berne Convention. Similarly, these provisions should be understood to allow parties to develop new exceptions and restrictions that are appropriate for the digital network environment.
Moreover, it is self-evident that Article 10, paragraph (2), does not narrow nor expand the scope of applicability of restrictions and exceptions permitted by the Berne Convention.)
Article 11 obligations on technical measures
The parties shall provide for appropriate legal protection and effective legal remedies to prevent the circumvention of effective technical measures used by the author for the exercise of the rights provided for in the Berne Convention of this treaty and to contract the conduct of his works without the permission of the relevant author or without the permission of the law.
Article 12 obligations on information on rights management
(1) The parties shall provide for appropriate and effective legal remedies to prevent any person from knowingly, or in the case of civil remedies, from deliberately following acts on the basis that he knows that his act would induce, facilitate, facilitate or cover up an infringement of any right covered by this treaty or the Berne Convention:
(1) Remove or change any electronic information of rights management without permission;
(II) the reproduction of works or works that are not licensed to issue, import, broadcast for the purpose of distribution, or disseminate to the public copies of works or works which know that they have been removed or changed their rights to manage electronic information without permission.
(2) The term "right management information" in this article means information identifying the work, the author of the work, the owner of any right to the work, or information about the terms and conditions of the work, and any number or code representing such information, each of which is attached to each copy of the work or appears when the work is communicated to the public. ③
(note ③ agreed statement on Article 12: it is self-evident that the reference to "infringement of any right covered by this treaty or the Berne Convention" includes both exclusive rights and the right to remuneration.
Furthermore, it is self-evident that the parties will not rely on this article to develop or implement a rights management system that requires the performance of procedures not permitted by the Berne Convention or this treaty, thereby preventing the free circulation of goods or impeding the enjoyment of rights under this treaty.)
Article 13 time limit of application
The parties shall apply the provisions of Article 18 of the Berne Convention to all protections provided for in this treaty.
Article 14 provisions on the exercise of rights
(1) The parties undertake to take the necessary measures in accordance with their legal system to ensure the application of this treaty.
(2) The parties shall ensure that law enforcement procedures are available in accordance with their law so that effective action can be taken to prevent any violations of the rights covered by this treaty, including the prevention of rapid remedies for violations and remedies to contain further violations.
Article 15 general assembly
(1) (a) the parties shall have a general meeting.
(b) Each party shall have a representative, who may be assisted by deputy representatives, consultants and experts.
(c) The costs of delegations should be borne by the parties that assigned it. The conference may request financial assistance from the World Intellectual Property Organization (hereinafter referred to as the "organization") to facilitate the participation of the parties' delegations from countries that are considered developing countries or countries that have been transformed into the market economy in accordance with established practice of the United Nations General Assembly.
(2) (a) the General Assembly shall deal with matters relating to the maintenance and development of this treaty and the application and implementation of the treaty.
(b) The General Assembly shall perform the functions designated to it under Article 17 (2) to accept certain intergovernmental organizations to become parties to this treaty.
(c) The conference shall take a decision on the convening of any diplomatic conference to amend this treaty and give the director general of the organization the necessary instructions for the preparation of such diplomatic meetings.
(3) (a) every party that is a state shall have one vote and shall vote only in its own name.
(b) Where a party to an intergovernmental organization may vote in place of its Member States, the number of votes shall be equal to the number of Member States to which it is a party. If any member of such an intergovernmental organization exercises its voting rights, the organization shall not vote and vice versa.
(4) The General Assembly shall hold regular meetings every two years and shall be convened by the director general of the organization.
(5) The General Assembly shall establish its own rules of procedure, including the convening of special sessions, the requirements of a quorum and the majority required to take decisions without violating the provisions of this treaty.
Article 16 International Bureau
The International Bureau of the organization shall perform administrative work related to this treaty.
Article 17 qualifications to become a party to this treaty
(1) Any member of the organization may become a party to this treaty.
(2) If any intergovernmental organization declares that it has authority and has legislation binding all Member States on matters covered by this treaty and that it is formally authorized to be a party to the treaty in accordance with its internal procedures, the general assembly may decide to accept that intergovernmental organization
本组织总干事为本条约的保存人。