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World Intellectual Property Organization Copyright Treaty

The World Intellectual Property Organization (WIPO) Copyright Treaty, also known as the WCT, is an international treaty on copyright law adopted by the member states of WIPO in 1996. The treaty was concluded in Geneva on December 20, 1996, and entered into force in March 2002.

Any contracting party to the treaty must comply with the substantive provisions of the Bern Convention Act 1971 (Paris), which provides additional protection for intellectual property rights considered necessary due to advancements in information technology since the formation of previous treaties on copyright and publishing. The WCT deals with three exclusive rights: the right of distribution, the right to rent, and the right of communication to the public.

These rights are subject to certain limitations and exceptions, including those related to technological measures used by authors to exercise their rights. For example, the treaty requires contracting parties to provide legal remedies against the annulment of technological measures such as codification or encryption used in databases.

The WCT also provides protection for computer programs, which are considered literary works under Article 4. This arrangement and selection of materials in protected databases is further specified in Article 5. Additionally, authors of compilations have control over their rental and distribution in materials from 6 to 8 years that may not be present under the Berne Convention.

The treaty has been ratified by 93 countries as of December 2014, but it has also faced criticisms for being too broad, prohibiting circumvention of protective measures even when used to achieve legitimate legal and moral use. Furthermore, its application is often seen as a "one-size-fits-all" standard that does not account for the varying stages of economic development and knowledge industry among signatory countries.

Background

The WCT was adopted by WIPO in 1996, following years of negotiations on copyright law. The treaty provides additional protection for intellectual property rights in the digital age, taking into account advancements in information technology since previous treaties were established.

In March 2002, the treaty entered into force, marking a significant milestone in the development of international copyright law. Since its adoption, the WCT has been ratified by numerous countries, including Argentina, Jordan, Ecuador, and Portugal, among others.

Criticisms

Despite its widespread ratification, the WCT has faced criticisms from various quarters. Some argue that it is too broad, prohibiting circumvention of protective measures even when used to achieve legitimate legal and moral