| Right | WIPO Internet Treaties | Copyright Act 1994 |
|---|
| Reproduction | WCT (Art 1): Agreed Statement that the reproduction right and the permitted exceptions as set out in Berne Convention fully apply in the digital environment.
WPPT (Art 11): Exclusive right of producers of phonograms to authorise the direct or indirect reproduction of their phonograms in any manner or form. | Complies: On the basis of the Agreed Statement, the exclusive right to copy in section 16(1)(a) can be interpreted as complying with the general obligation under WCT to provide a right of reproduction. Section 5(12)(b) treats phonogram producers as authors. |
WCT (Art 1)/ WPPT (Art 11): Agreed Statements state that "storage of a protected work in an electronic medium constitutes a reproduction" within the meaning of Berne Convention.
Uncertainty about what constitutes "storage", so open to countries to include or exclude transient reproductions. | Complies: Section 2, definition of copying consistent. Any clarification of what constitutes transient copying would also comply. |
| Computer programs | WCT (Art 4): Computer programs protected as literary works within meaning of Article 2 of Berne Convention. | Complies: Section 2, definition of "literary work" explicitly includes computer programs. Section 14, copyright exists in original works, which includes a "literary work". |
| Databases | WCT (Art 5): Compilations of data, which by reason of the selection or arrangement of their contents constitute intellectual creations. Does not extend to data itself. | Complies: Section 2, definition of "literary work" includes "compilation" which includes compilation of data. Section 14, copyright exists in original works, which includes a "literary work". |
| Distribution | WCT (Art 6)/ WPPT (Art 12): Authors/producers of phonograms have exclusive right to authorise making available to the public of the original and copies of their phonograms through sale or other transfer.
Agreed Statement that "original and copies" refers to fixed copies that can be put into circulation as tangible objects. | Complies: Section 16(1)(b) provides authors (including producers of phonograms) with the exclusive right to "issue copies of the work to the public, whether by sale or otherwise". Section 9 defines "issue to the public" as putting into circulation copies not previously put into circulation. |
| Communication / makingavailable | WCT (Art 8): Authors have the exclusive right to authorise any communication to the public of their works by wired or wireless means, including making available by on-demand, interactive means. | Partly complies: Section 16(f) gives the exclusive right to broadcast or include a work in a cable programme service. Sections 2 and 4, definitions of "broadcast" and "cable service programme" follow the wired/wireless distinction. Neither definition explicitly covers Internet transmission. The definition of "cable programme service" could, in some circumstances, cover Internet transmissions supplied to users' homes wholly or mainly via cable lines. The express exclusion of "interactive" means, however, that the definition would not extend to many Internet activities. |
| Makingavailable | WPPT (Art 14): Provides an exclusive right to producers of phonograms to authorise the making available of works to the public by wired or wireless means, including through on-demand, interactive systems. | Unlikely to comply: Digitisation of sound recordings, films and typographical arrangements might not infringe the reproduction right. Also the reproduction right may not capture the making available of a legitimate copy of the work, where there is no permission to do so. |
| Remuneration for broadcasting and publication to the public - secondary uses of phonograms | WPPT (Art 15): Producers of phonograms have the right to a single equitable remuneration for the use of phonograms in broadcasting or cable programme services published for commercial purposes. A phonogram made available to the public interactively by wired or wireless means shall be considered as being published for commercial purposes. | Does not comply: The Act has no remuneration regime for producers of phonograms, but implementation is optional. |
| Rental | WCT (Art 7)/WPPT (Art 13): Authors of computer programs, cinematographic works and works embodied in phonograms and producers of phonograms have the exclusive right of authorising commercial rental to the public. | Complies: Section 16(1)(b) provides an exclusive right to issue works to the public. Section 2, definition of "issue to the public" includes rental in respect of "computer programs", "sound recordings" and "films". Section 2 includes definition of "rental". Section 5(12)(b) treats phonogram producers as authors. |
| Permitted acts | WCT (Art 10)/WPPT (Art 16(2)): Permits limitations in certain special cases that do not conflict with the normal exploitation of the work and do not unreasonably prejudice authors' legitimate interests (Berne Three-Step Test).
Agreed Statements provide that existing limitations and exceptions that are considered appropriate in the non-digital world may be carried over into the digital environment. | Complies: Under the Agreed Statements, our existing exceptions could be carried over. Any new exceptions would need to be consistent with the Berne Three-Step Test. |
| Technological protection measures | WCT (Art 11)/WPPT (Art 18): Require adequate legal protection and effective legal remedies against the circumvention of effective technological measures that are used by copyright authors and owners, in connection with the exercise of their rights under those Treaties or under the Berne Convention. | Complies: Section 226 prohibits making, importing, selling or offering or advertising for sale or hire devices or "means" intended to be used to defeat digital copy-protection mechanisms, and publishing information intended to enable or assist circumvention. |
| Electronic rights management information | WCT (Art 12)/WPPT (Art 19): Require adequate and effective legal remedies against unauthorised removal or alteration of ERMI or unauthorised distribution, importation for distribution, broadcast or communication to the public of copyright works knowing (or in civil proceedings having reasonable grounds to know) that such information has been removed or altered without authority. | May not comply: There are no specific provisions in relation to ERMI. Although causes of action under other legal principles (e.g. consumer protection legislation, passing off, contract) may have some application, they may not provide comprehensive protection for ERMI. |