Article 10 WIPO proposals


Subject: Article 10 WIPO proposals
From: Emanuella Giavarra (ecup.secr@dial.pipex.com)
Date: pe 20 syys   1996 - 01:39:29 EEST


Dear list members,

Thank you very much for responding to my message concerning
Article 7 of the WIPO proposals. Today I would like to discuss with
you another interesting Article, namely Article 10: Right of
Communication.

Article 10
Without prejudice to the rights provided for in Articles 11(1)(ii),
11bis(1)(i), 11ter(1)(ii), 14(1)(i) and 14bis(1) of the Berne
Convention, authors of literary and artistic works shall enjoy the
exclusive right of authorizing any communication to the public of their
work, including the making available to the public of their works, by
wire or wireless means, in such a way that members of the public
may access these works from a place and at a time individually
chosen by them.

According to the explanatory text this provision consists of two
parts. The first part extends the exclusive right of communication to
the public to all categories of works, including any communication by
wire or wireless means.

The second part of Article 10 explicitly states that communication to
the public include the making available to the public of works, by
wire and wireless means, in such a way that members of the public
may access these works from a place and time individually chosen
by them. The relevant act is here the making available of the work
by providing access to it.

One of the main objectives of the second part of Article 10,
according to the explanatory text, is to make clear that interactive
on-demand acts of communication are within the scope of the
provision.

What do you think about this Articles? What could be the
implications?

Best wishes,
Emanuella Giavarra
Moderator



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