Comprehensive Notes: Copyright Conventions and Laws
Copyright is a core component of intellectual property that protects the expression of ideas in tangible form. It ensures that creators receive recognition and economic benefit from their work. International conventions and national laws together establish a structured framework for protection and enforcement.
1. Berne Convention for the Protection of Literary and Artistic Works
- Date of Adoption: 1886
- Organisation: WIPO
- Key Features:
- Automatic protection without registration.
- National treatment principle.
- Minimum protection: Life of author + 50 years.
2. Rome Convention (Related Rights)
- Date: 1961
- Organisations: WIPO, ILO, UNESCO
- Focus: Protection of performers, producers, broadcasters.
3. Geneva Phonograms Convention
- Date: 1971
- Organisation: WIPO & UNESCO
- Focus: Protection against unauthorized duplication of sound recordings.
4. Universal Copyright Convention (UCC)
- Date of Adoption: 1952 (Revised in 1971)
- Organisation: UNESCO
- Functions:
- Designed as an alternative to Berne Convention.
- Allows formalities such as copyright notice.
- Facilitated participation of developing nations.
5. TRIPS Agreement (Trade-Related Aspects of Intellectual Property Rights)
- Date: 1994 (WTO Agreement)
- Organisation: World Trade Organization (WTO)
- Functions:
- Integrates copyright into international trade.
- Mandates enforcement mechanisms.
- Extends Berne provisions globally.
6. WIPO Copyright Treaty (WCT)
- Date: 1996
- Organisation: WIPO
- Functions:
- Addresses digital environment and internet issues.
- Introduces rights of communication to the public.
- Protects computer programs and databases.
7. WIPO Performances and Phonograms Treaty (WPPT)
- Date: 1996
- Organisation: WIPO
- Functions:
- Extends protection to performers and producers in digital media.
- Ensures rights in online distribution.
8. Marrakesh Treaty
- Date: 2013
- Organisation: WIPO
- Functions:
- Facilitates access to published works for visually impaired persons.
- Allows creation and sharing of accessible format copies.
9. Indian Copyright Act
- Original Act: 1957
- Major Amendment: 2012
- Authority: Government of India
- Functions:
- Defines rights of authors and owners.
- Establishes Copyright Office and Board.
- Introduces digital rights management and royalty sharing.
10. Digital Millennium Copyright Act (DMCA)
- Date: 1998
- Country: United States
- Functions:
- Addresses copyright issues in digital environment.
- Criminalizes circumvention of digital protection measures.
Important Distinction: Copyright vs Related Rights
- Copyright: Protects original creators.
- Related Rights: Protect intermediaries such as performers, producers, broadcasters.