105th Congress Treaty Doc.
SENATE
1st Session 105-17
_______________________________________________________________________
WIPO COPYRIGHT TREATY (WCT) (1996) AND WIPO PERFORMANCES AND
PHONOGRAMS TREATY (WPPT) (1996)
__________
MESSAGE
from
THE PRESIDENT OF THE UNITED STATES
transmitting
The Library of Congress
United States Copyright Office
Date: Thu, Sep 9, 2010 at 9:34 AM
Subject: Copyright catalog Author Search for Perea Guy 1949
To: guype...@gmail.com
Type of Work: Text
Registration Number / Date:
TXu000882601 / 1998-11-20 Application Title: Cuz, I only tell it like it is.
Title: The great peanut butter wonder / by Guy and Tammy
Perea.
Description: 12 p.
Copyright Claimant:
Guy Perea, 1949-, andTammy Perea, 1959- Date of Creation: 1990
Names: Perea, Guy, 1949-
Perea, Tammy, 1959-
===========================================================================
=====
Type of Work: Text
Registration Number / Date:
TXu000839269 / 1998-02-18
Supplemented by: TXu000863368 / 1998-11-20 Application Title: All things work for the good.
Title: The life of Guy R. Perea and Tammy Perea.
Description: 4 p.
Copyright Claimant:
Guy Perea, 1949-, & Tammy Perea, 1959- Date of Creation: 1997
Copyright Note: See also The lifeof Guy R. Perea and Tammy Perea;
Reg.
20Nov98; TXu 863-368
Names: Perea, Guy, 1949-
Perea, Tammy, 1959-
===========================================================================
=====
Type of Work: Text
Registration Number / Date:
TXu000863368 / 1998-11-20
Supplement to: TXu000839269 / 1998
Title: The life of Guy R. Perea and Tammy Perea. By Guy
Perea &
Tammy Perea.
Notes: Statement re address.
Copyright Claimant:
Guy Perea, 1949-, & Tammy Perea, 1959- Supplement to Registration:
TXu 839-269, 1998
Variant title: The life of Guy R. Perea and Tammy Perea
Names: Perea, Guy, 1949-
Perea, Tammy, 1959-
===========================================================================
=====
Type of Work: Text
Registration Number / Date:
TXu000680873 / 1995-08-22 Application Title: Window inside.
Title: Widow.
Description: 12 p.
Copyright Claimant:
Guy Perea, 1949-
Date of Creation: 1990
Copyright Note: See also Widow; TXu 855-122; Reg. 16Jul98
Names: Perea, Guy, 1949-
===========================================================================
=====
Type of Work: Text
Registration Number / Date:
TXu000855122 / 1998-07-16
Supplement to: TXu000680873 / 1995
Title: Widow; a.k.a. Window inside. By Guy Perea.
Notes: Statement re address.
Copyright Claimant:
Guy and Tammy Perea (on original appl.: Guy Perea,
1949-)
(additional claimant) Supplement to Registration:
TXu 680-873, 1995
Variant title: Widow
Other Title: Window inside
Names: Perea, Tammy
Perea, Guy, 1949-
===========================================================================
=====
++++++++++++++++++++++++++++++++++++++++++
The Library of Congress
United States Copyright Office
101 Independence Ave., S.E.
Washington, D.C. 20559-6000
202-707-3000
Guy Perea
PO Box 8012
Madeira Beach Florida
Physical location 2595 54th N RM 252 St Petersburg Florida
Phone 209-247-0664
Additional email guyperea1@gmail.com
United States of America
WORLD INTELLECTUAL PROPERTY ORGANIZATION COPYRIGHT TREATY AND THE WORLD
INTELLECTUAL PROPERTY ORGANIZATION PERFORMANCES AND PHONOGRAMS TREATY,
DONE AT GENEVA ON DECEMBER 20, 1996, AND SIGNED BY THE UNITED STATES ON
APRIL 12, 1997
July 28, 1997.--Treaty was read the first time and, together with the
accompanying papers, referred to the Committee on Foreign Relations and
ordered to be printed for the use of the Senate
LETTER OF TRANSMITTAL
----------
The White House, July 28, 1997.
To the Senate of the United States:
I transmit herewith for Senate advice and consent to
ratification the World Intellectual Property Organization
Copyright Treaty and the World Intellectual Property
Organization Performances and Phonograms Treaty, done at Geneva
on December 20, 1996, and signed by the United States on April
12, 1997. Also transmitted is the report of the Department of
State with respect to the Treaties.
These Treaties are in the best interests of the United
States. They ensure that international copyright rules will
keep pace with technological change, thus affording important
protection against piracy for U.S. rightsholders in the areas
of music, film, computer software, and information products.
The terms of the Treaties are thus consistent with the United
States policy of encouraging other countries to provide
adequate and effective intellectual property protection.
Legislation is required to implement certain provisions of
the Treaties. Legislation is also required to ensure that
parties to the Treaties are granted, under U.S. copyright law,
the rights to which they are entitled under the Treaties. That
legislation is being prepared and is expected to be submitted
shortly.
I recommend, therefore, that the Senate give early and
favorable consideration to the WIPO Copyright Treaty and the
WIPO Performances and Phonograms Treaty, and give its advice
and consent to ratification, subject to a declaration under
Article 15(3) of the WIPO Performances and Phonograms Treaty
described in the accompanying State Department report.
William J. Clinton.
LETTER OF SUBMITTAL
----------
Department of State,
Washington, July 22, 1997.
The President,
The White House.
The President: I have the honor to submit to you, with a
view to their transmission to the Senate for advice and consent
to ratification, the World Intellectual Property Organization
(``WIPO'') Copyright Treaty and the WIPO Performances and
Phonograms Treaty, both done at Geneva on December 20, 1996
(hereinafter, ``the Treaties''). These Treaties were adopted
under the auspices of the World Intellectual Property
Organization to strengthen international standards for the
protection of copyright.
Each of the Treaties contains provisions that are the same
as provisions in the other Treaty, as well as provisions
specific to its own subject matter.
Provisions common to the treaties
The Treaties respond to the challenges of protecting works
in the realm of digital technology. In that regard both
Treaties oblige parties to ensure that rightsholders have the
exclusive right to control on-demand transmissions of works to
members of the public (Article 8, Copyright Treaty; Article 14,
Performances and Phonograms Treaty). Both Treaties oblige
parties to provide adequate legal protection against the
circumvention of technologically based security measures, and
to apply appropriate and effective remedies against protection-
defeating devices or services (Article 11, Copyright Treaty;
Article 18, Performances and Phonograms Treaty). Both require
the provision of effective remedies against the knowing removal
or alteration of electronic rights-management information
without authority, and against the related acts of
distribution, importation for distribution and communication to
the public with knowledge that such information has been
removed or altered (Article 12, Copyright Treaty; Article 19,
Performances and Phonograms Treaty).
Both Treaties oblige parties to adopt the measures
necessary to ensure the application of the Treaties and to
ensure that enforcement procedures are available under the
parties' laws so as to permit effective action against any act
of infringement of rights covered by the Treaties, including
provision of expeditious remedies to prevent infringements and
remedies which constitute a deterrent to further infringements
(Article 14, Copyright Treaty; Article 23, Performances and
Phonograms Treaty).
In addition to these substantive obligations, each Treaty
provides that not only WIPO member States, but also the
European Community, as well as similar intergovernmental
organizations, may become party to the Treaty. Admission of
intergovernmental organizations other than the European
Community will be subject to a decision by an Assembly created
to administer each Treaty. To be eligible, such an organization
must declare that it is competent in respect of, and have its
own legislation binding on all its member States on, matters
covered by the Treaty (Article 17, Copyright Treaty; Article
26, Performances and Phonograms Treaty).
Each party that is a State has a vote in the Assembly;
intergovernmental organizations do not have an independent
vote. However, an intergovernmental organization is permitted
to participate in a vote on behalf of its memberStates that are
party to the Treaty. There is no allowance for ``split voting''; either
an organization votes on behalf of all member State parties, or each
member State party votes individually (Article 15(3), Copyright Treaty;
Article 24(3), Performances and Phonograms Treaty).
In order to ensure that a party to one of the Treaties has
recourse in the event of a dispute or non-compliance with
treaty obligations by a party that is an intergovernmental
organization or a member state of such an organization, each
Treaty provides that each contracting party bears all the
obligations under the treaty (Article 18, Copyright Treaty;
Article 27, Performances and Phonograms Treaty).
Each Treaty enters into force three months after thirty
instruments of ratification or accession by states have been
deposited with the Director General of WIPO. This number makes
it impossible for the European Community and its Member States
to be in a position to control the Assembly (Article 20,
Copyright Treaty; Article 29, Performances and Phonograms
Treaty).
WIPO Copyright Treaty
The WIPO Copyright Treaty provides in Article 1 that it is
a special agreement within the meaning of Article 20 of the
Berne Convention for the Protection of Literary and Artistic
Works, revised at Paris, July 24, 1971, as amended (the ``Berne
Convention''), to which the United States is a party (Article
1). Article 20 of the Berne Convention provides that the states
party to the Berne Convention reserve the right to enter into
special agreements among themselves insofar as the special
agreements grant to authors more extensive rights than those
granted under the Berne Convention.
The Copyright Treaty (Article 1(4)) requires that parties
comply with the substantive obligations (Articles 1-21 and the
Appendix) of the Berne Convention. Like the Berne Convention,
the Copyright Treaty provides (Article 3) that parties may not
impose formalities on the nationals of other parties as a
condition for claiming protection under the Treaty.
In Articles 4 and 5, the Copyright Treaty clarifies, along
the lines of Article 10 of the World Trade Organization
Agreement on Trade-Related Aspects of Intellectual Property
Rights done at Marrakesh, April 15, 1994, (``TRIPS
Agreement''), that computer programs are protected as literary
works under the Berne Convention, and that original
compilations of data (databases) that incorporate copyrightable
authorship are also protected.
The Copyright Treaty (Article 6) explicitly recognizes a
right of distribution for all categories of works (which, under
the Berne Convention and the TRIPS Agreement is granted
explicitly only for cinematographic works).
As does the TRIPS Agreement, the Copyright Treaty (Article
7) provides for an exclusive post-first-sale right of rental
for computer programs, cinematographic works and works embodied
in phonograms; parties need not implement the rental right in
respect of computer programs where the program itself is not
the object of rental, and in the case of cinematographic works
where rental does not lead to widespread copying impairing the
right of reproduction.
The Copyright Treaty (Article 8) extends to all categories
of works the right of communication to the public (which under
the Berne Convention and the TRIPS Agreement is required only
to a varying extent for different categories of works), and
clarifies that thisright covers making works available to the
public by wire or wireless means, through an interactive, on-demand
transmission.
The Copyright Treaty (Article 9) extends the term of
protection of photographic works to 50 years after the death of
the author, as is already the case for all other categories of
literary works. It does so by stating that parties shall not
apply to provisions of Article 7(4) of the Berne Convention,
which allows parties to limit the term of protection for such
works to a minimum term of twenty-five years from the making of
the work.
The Copyright Treaty (Article 10) extends the application
of the three-step test for exceptions established for the right
of reproduction in Article 9(2) of the Berne Convention to all
other rights (as in Article 13 of the TRIPS Agreement):
limitations or exceptions to all rights may be made in certain
special cases that do not conflict with a normal exploitation
of the work and do not unreasonably prejudice the interests of
the author.
The Copyright Treaty (Article 22) does not allow any
reservations to the obligations it sets forth.
WIPO Performances and Phonograms Treaty
Several important provisions of the WIPO Performances and
Phonograms Treaty offer responses to the challenges of digital
technology for performances and phonograms in digital form in
the Internet and similar electronic networks. The relevant
definitions (phonogram, fixation, producer of a phonogram,
publication, broadcasting, communication to the public) are
broad enough to cover the requirements of digital technology
(Article 2). ``Moral rights'' are provided under Article 5 for
performers in respect of their live aural performances or
performances fixed in phonograms (although these rights cover
many kinds of modifications, they may be particularly relevant
in the case of digital manipulations of performances fixed in
phonograms). In Articles 10 and 14, this Treaty provides an
exclusive right for both performers and producers of phonograms
to authorize making available their fixed performances and
phonograms, respectively, by wire or wireless means, in an
interactive, on-demand manner.
the Performances and Phonograms Treaty (Article 4) obliges
parties to grant national treatment in respect of the rights
provided in the Treaty to nationals of other parties, except to
the extent that another party makes use of reservations
permitted under Article 15(3) of the Treaty. It also requires
that protection not be subject to any formalities.
Other important provisions of the Treaty are described
below. Also noted are differences and similarities with the
International Convention for the Protection of Performers,
Producers of Phonograms and Broadcasting Organizations done at
Rome, October 26, 1961 (``Rome Convention''), to which the
United States is not a party, and the TRIPS Agreement. The
Performances and Phonograms Treaty has no direct relationship
to the Rome Convention. It includes some of the provisions of
the Convention by reference (the provisions on criteria of
eligibility for protection and on the possibility to apply
reciprocity in respect of the right to remuneration for
broadcasting and communication to the public), but there is no
obligation to apply the other provisions of the Rome
Convention. There is no legal relationship between the Treaty
and the TRIPS Agreement.
Article 6 of the Performances and Phonograms Treaty
(Article 6) provides for the exclusive rights ofperformers to
authorize the broadcasting and communication to the public of their
unfixed performances, except where the performance is already a
broadcast program, and the fixation of their unfixed performances (this
generally corresponds to the standards in the Rome Convention and the
TRIPS Agreement). This Treaty (Articles 7 and 11) also includes an
exclusive right of reproduction for performers in respect of their
fixed performances and for producers of phonograms (in harmony with the
Rome Convention and the TRIPS Agreement).
The Performances and Phonograms Treaty (Articles 8 and 12)
provides recognition of a right of distribution (on which there
is no provision in the Rome Convention or the TRIPS Agreement)
for both performers and producers of phonograms.
The Performances and Phonograms Treaty (Articles 9 and 13)
includes an exclusive post-first-sale right of rental for both
performers and producers of phonograms; such a right is not
granted in the Rome Convention, but is granted in the TRIPS
Agreement explicitly for producers of phonograms and left to
national legislation as far as performers are concerned. The
Performances and Phonograms Treaty, furthermore, allows those
countries where a system of equitable remuneration was applied
on April 15, 1994, to maintain such a system, rather than
provide an exclusive right (such a ``grandfathering'' clause is
also included in the TRIPS Agreement).
The Performances and Phonograms Treaty (Article 15(1))
includes the right to a single equitable remuneration for
performers and producers of phonograms for the broadcasting and
communication to the public of phonograms published for
commercial purposes or reproductions of such phonograms. Such a
right is provided in the Rome Convention, but not in the TRIPS
Agreement. Article 15(2) allows parties to establish in
national legislation that the remuneration shall be claimed
from the user by the performer or the producer of a phonogram,
or both. Article 15(3) permits any party to declare, in a
notification to the Director General of WIPO, that it will
apply the provisions of Article 15(1) only in respect of
certain uses or will otherwise limit their application or that
it will not apply these provisions at all.
I recommend that, in accordance with Article 15(3), the
United States include the following declaration in its
instrument of ratification:
Pursuant to Article 15(3), the United States declares
that it will apply the provisions of Article 15(1) only
in respect of certain acts of broadcasting and
communication to the public by digital means for which
a direct or indirect fee is charged for reception, and
for other retransmissions and digital phonorecord
deliveries, as provided under United States law.
Article 16 of the Performances and Phonograms Treaty
provides that limitations or exceptions to rights may be made
in certain special cases that do not conflict with a normal
exploitation of the performance or phonogram and do not
unreasonably prejudice the interests of the performer or the
producer of the phonogram. The same test is established in
Article 9(2) of the Berne Convention, and is applied to the
rights of performers and producers of phonograms under Article
13 of the TRIPS Agreement.
The Performances and Phonograms Treaty (Article 17)
provides for a fifty-year term of protection for the rights of
both performers and producers of phonograms (as in the TRIPS
Agreement; the Rome Convention provides for only a twenty-year
term).
Except for the remuneration right for broadcasting in
Article 15(3), no reservations are allowed under the
Performances and Phonograms Treaty (Article 21).
As provided in Article 22, this Treaty applies to
performances that took place and phonograms that were fixed
before the date of entry into force of the Treaty, provided
that the term of protection has not expired, except that a
party may limit the application of Article 5 concerning the
moral rights of performers to performances after the entry into
force of the Treaty.
Statements agreed to at the Diplomatic Conference are found
as footnotes in the texts of the Treaties. These statements
represent the negotiators' understanding of the language of the
Treaties and can aid in the interpretation of certain articles.
In particular, the agreed statements explain that computer
storage of works and phonograms is covered by the Treaties, and
that the provisions governing limitations and exceptions
provide sufficient flexibility for countries to provide for and
extend appropriate limitations on rights when adapting their
laws to the digital environment.
Legislation is required to implement certain provisions of
the Treaties. Legislation is also required to ensure that
parties to the Treaties are granted, under U.S. copyright law,
the rights of which they are entitled under the Treaties. That
legislation is being prepared and is expected to be submitted
shortly.
Prompt ratification of the Treaties will advance United
States policy in favor of strong intellectual property
protection and is consistent with United States foreign policy
in encouraging other countries to provide adequate and
effective protection for intellectual property.
I recommend, therefore, that the WIPO Copyright Treaty and
the WIPO Performances and Phonograms Treaty be transmitted to
the Senate as soon as possible for its advice and consent to
ratification, subject to a declaration under Article 15(3) of
the WIPO Performances and Phonograms Treaty, limiting the
obligation of the United States to provide remuneration rights
for the broadcast of sound recordings.