Primer on International Copyright and Related Rights

Primer on International Copyright and Related Rights

Jørgen Blomqvist

The international law on copyright and related rights is comprehensive and complex, spanning over a large number of different treaties which have been compiled and amended over more than 125 years. This book gives a concise, but comprehensive introduction to the rules and their rationales. Its rights-oriented approach makes it equally valuable to the student and the practitioner who needs both an introduction to and overview over the international law in the field. The book explains all treaties relevant today, from the 1886 Berne Convention to the WIPO Marrakesh Treaty of 2013.

Chapter 20: Technological protection measures and rights management information

Jørgen Blomqvist

Subjects: law - academic, intellectual property law

Extract

During the preparation of the WCT and the WPPT, it became clear that it would not be sufficient to clarify the field of application of the existing protection in relation to the newly developed technologies. Certain new forms of protection, going beyond the known categories of exclusive rights and rights of remuneration, were called for. First and foremost there was a need for provisions in two areas, namely a protection against circumvention of technological protection measures used by the owners of rights as a practical supplement to their legal protection, partly a protection against removal or distortion of the electronic information on, or surrounding, works or recordings which serve their identification, licensing, and so on. Later on, that protection was further expanded in the ACTA Agreement. The protection against circumvention of technological protection measures was formulated as follows in Article 11 of the WCT: Contracting Parties shall provide adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by authors in connection with the exercise of their rights under this Treaty or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the authors concerned or permitted by law. Similar provisions were included in Article 18 of the WPPT and Article 15 of the BTAP which refer to the provisions of those Treaties only, not to the provisions of the Berne or Rome Conventions.

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