Transcript Copyright and Related Rights Issues currently under

The Legal Framework in the Digital Environment:
the Importance of the Copyright to the Economy
ENHANCING THE CULTURE OF READING AND BOOKS IN THE DIGITAL AGE
FRANKFURT BOOK FAIR, 2009
Richard Owens, Director
Copyright E-Commerce, Technology and Management
Division
The State of Copyright:
Challenges and Opportunities
- Development of technology to support creativity
and growth of the creative industries;
- Incentivizing creativity and culture;
- Striking the balance between the interests of
creators, distributors and consumers.
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The international legal framework
• WIPO Copyright Treaty (WCT) (1996)
– In force March 6, 2002; 70 contracting parties
• WIPO Performances and Phonograms Treaty
(WPPT) (1996)
– in force May 20, 2002; 68 contracting parties
• Membership mostly developing countries, but also
Japan, Singapore, United States of America and
Belgium; EU accessions imminent
• Complex interplay among legal, political and market
factors
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The international legal framework
“To provide adequate solutions to the questions raised by
new economic, social, cultural and technological
development”
- Definition and scope of the right of reproduction in the digital
context;
- Creation of the right of “making available” to the public;
- Protection of software and collection of data as literary works;
- Extension of the 3-step-test for Limitations and Exceptions (L&Es)
to the digital environment;
- Protection of Technological Protection Measure (TPMs) and Rights
Management Information (RMI), including text identifiers.
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The international legal framework
• Implementation of 1996 Treaties:
– General framework for the dissemination of content online
– DMCA and European Directive as “prototype” laws
– Public policy flexibilities in sensitive areas
– A number of countries meet standards but are not party yet
• Sources of other international obligations, that may exceed WIPO
treaties obligation
- European Copyright Directive 2001/29/EC (entered into force in
06/2001)
- Free Trade Agreements (More than 300 FTAs worldwide concluded
or under negotiation, similar but not identical IPR provisions)
(e.g. U.S.-Korea, April 2007; U.S.-Singapore, January 2003; U.S.Australia, March 2004)
- TRIPS (1994)
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Copyright for the Digital Economy
• The value of assets lies in intellectual, rather
than physical, capital (2006, intellectual
assets represented over 80% of the value of
the top S&P 500 companies);
• IP related business opportunities are
increasing, either for the area of creation of
product (i.e. upstream), either for the service
of assuring the diffusion and application of
content (i.e. downstream).
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Contributions of Copyright-Based Industries
The Empirical Evidence
Country
USA
Contribution to GDP
% of Employment
11,05
8,51
Singapore
Canada
5,80
4,50
5,90
5,55
Latvia
4,00
4,50
Hungary
6,67
7,10
Philippines
4,92
11,10
Bulgaria
3,42
4,31
Mexico
4,77
11,01
Lebanon
4,75
4,49
Jamaica
4,80
3,03
Russia
6,06
7,30
Romania
5,54
4,17
Croatia
4,42
4,65
Peru
3,60
2,51
Ukraine
3,47
1,91
Korea
8,67
4,31
Malaysia
5,80
7,50
Colombia
3,30
5,80
Netherlands
5,90
8,80
Australia
10,30
8,00
Kenya
5,32
3,26
Average
5,57
5,89
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Ongoing: Brazil, China, Brunei, Bhutan, Indonesia, Morocco, Nigeria, Panama, Pakistan, Slovenia, Sudan,
Tanzania,Thailand
8.
Contribution to GDP by Industry (2)
6%
1%
9%
press and literature
3%
6%
44%
software
radio and tv
Music, theatrical productions and opera
motion pidcture and video
visual and graphic arts
Photography
9%
cr collecting societies
advertising
12%
10%
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Contribution to Employment by
Industry (2)
press and literature
5% 0%
9%
software
3%
5%
39%
radio and tv
Music, theatrical productions and
opera
motion pidcture and video
visual and graphic arts
12%
Photography
11%
16%
cr collecting societies
advertising
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Economic Contribution of Copyright-Based
Industries to the Global Economy
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Surprisingly significant contribution
Drivers – publishing, R/TV, software, music, film, advertising
Results do not follow development patterns
Impressive dynamics
Higher capital and labour productivity vs. traditional sectors
Stronger employment multipliers
Indicative of structural changes in the economy
Useful in identifying competitive advantages, drivers, problem
areas
• Specific patterns of economic behavior
– results not necessarily a function of overall economic
development
– strong influence of economic cycles
– no direct link with copyright protection regimes
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International Conference on
Intellectual Property and Cultural
Heritage in the Digital World
- October 29-30, 2009 (Madrid), organized with the
Ministry of Culture of Spain
- CHIs as users as well as rightowners and managers of
IPRs
- New business models, the “Experience Economy”, the
role of search engines (Google)
- Museums’ and libraries’ legal concerns, preservation and
documentations issues
- http://wipo.int/meetings/en/2009/cr_mad/index.html
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http://www.wipo.int/copyright
[email protected]
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