Subject: WIPO Proposals
From: Emanuella Giavarra (ecup.secr@dial.pipex.com)
Date: ti 10 syys 1996 - 23:41:05 EEST
Dear list members,
A week ago, the Bureau of the World International Property
Organisation (WIPO) distributed among the members of the
Committee of Experts on the Berne Protocol, the proposals
prepared by the Chairman, Mr jukka Liedes, for the Diplomatic
Conference in December. I received the documents directly because
EBLIDA has an observer status at WIPO. The complete document
is 200 pages. The proposals affecting libraries and other information
services are in Document 4 on the protection of literary and artistic
works.
In the coming months the responsible Ministries in the countries of
the Berne Convention (all EU countries) will organise hearings on
these proposals. Please contact the responsible Ministry in your
country for an invitation. If you do not know who to contact, please
send me an email because I have a a list of the official
representatives of all the members of the Berne Convention.
.
In stages, I would like to discuss with you the impact of some of
the proposals (Article 7, 8, 10 and 12). Today I would like to start
with Article 7 Right of Reproduction in relation to Article 12
Limitations.
Article 7
Scope of the Right of Reproduction
1) The exclusive right accorded to authors of literary and artistic
works in Article 9 (1) of the Berne Convention of authorizing the
reproduction of their works shall include direct and indirect
reproduction of their works, whether permanent or temporary, in
any manner or form.
2) Subject to the provisions of Article 9 (2) of the Berne
Convention, it sahll be a matter for legislation in Contracting Parties
to limit the right of reproduction in cases where a temporary
reproduction has the sole purpose of making the work perceptible
or where the reproduction is of a transient or incidental nature,
provided that such reproduction takes place in the course of use of
the work that is authorized by the author or permitted by law.
Article 12
Limitations and Exceptions
(1) Contracting Parties may, in their national legislation, provide for
limitations of or exeptions to the rights granted to authors of literary
and artistic works under this Treaty only in certain special cases that
do not conflict with the normal exploitation of the work and do not
unreasonably prejudice the legitimate interests of the author.
(2) Contracting Parties shall, when applying the Berne Convention,
confine any limitations of or exceptions to rights provided for therein
to certain special cases which do not conflict with the normal
exploitation of the work and do not unreasonably prejudice the
legitimate interests of the author.
I am very interested in the changes or additions you might feel
necessary to these texts. Should you like to receive these articles
and the explanatory text (6 pages) by fax, please let me know and I
will arrange it.
Best wishes,
Emanuella Giavarra
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