RE: Publisher's association on DRM

[Edward Barrow <edward@xxxxxxxxxxxxx>]

To amplify Mr Johnson's useful contribution:

These provisions, like the treaty containing them, apply to performances 
and phonograms. There are equivalent measures in the WIPO Copyright Treaty 
and the Berne Convention  applying to copyright works.
The equivalent to article 5 of the WPPT is Article 6bis of the Berne 
Convention; the equivalent to Articles 18 and 19 - relating to 
anti-circumvention obligations and obligations in relation to rights 
management information respectively - are articles 11 and 12 of the WCT.

Incidentally, perhaps Mr Johnson could enlighten us benighted citizens of 
countries less enlightened than the United States how it is, that given 
Article 6bis of Berne, that moral rights do not apply in the USA? or 
perhaps I am misunderstanding his case?

Edward Barrow
New Media Copyright Consultant
http://www.copyweb.co.uk/
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On Tuesday, September 24, 2002 5:18 PM, Seth Johnson 
[SMTP:seth.johnson@xxxxxxxxxxxxxxxxxxxxxxx] wrote:
>
> For reference, here are articles 5, 18 and 19 of the WIPO
> Performances and Phonograms Treaty.  It's one thing to cite
> rights of attribution and integrity, but to couple the
> integrity right with the DRM obligations does in fact
> mandate support for DRM and takes the notion well beyond its
> reasonable sense.  The only out is the distinctly disturbing
> "without authorization" language that's included.  There is
> also the fact that the integrity right is written as a right
> "to object," which seems bizarre and which I have no ability
> to interpret.
>
> Seth Johnson
>
> Article 5
>
> Moral Rights of Performers
>
> (1) Independently of a performer's economic rights, and even
> after the transfer of those rights, the performer shall, as
> regards his live aural performances or performances fixed in
> phonograms, have the right to claim to be identified as the
> performer of his performances, except where omission is
> dictated by the manner of the use of the performance, and to
> object to any distortion, mutilation or other modification
> of his performances that would be prejudicial to his
> reputation.
>
> Article 18
>
> Obligations concerning Technological Measures
>
> Contracting Parties shall provide adequate legal protection
> and effective legal remedies against the circumvention of
> effective technological measures that are used by performers
> or producers of phonograms in connection with the exercise
> of their rights under this Treaty and that restrict acts, in
> respect of their performances or phonograms, which are not
> authorized by the performers or the producers of phonograms
> concerned or permitted by law.
>
> Article 19
>
> Obligations concerning Rights Management Information
>
> (1) Contracting Parties shall provide adequate and effective
> legal remedies against any person knowingly performing any
> of the following acts knowing, or with respect to civil
> remedies having reasonable grounds to know, that it will
> induce, enable, facilitate or conceal an infringement of any
> right covered by this Treaty:
>
> (i) to remove or alter any electronic rights management
> information without authority;
>
> (ii) to distribute, import for distribution, broadcast,
> communicate or make available to the public, without
> authority, performances, copies of fixed performances or
> phonograms knowing that electronic rights management
> information has been removed or altered without authority.
>
> (2) As used in this Article, "rights management information"
> means information which identifies the performer, the
> performance of the performer, the producer of the phonogram,
> the phonogram, the owner of any right in the performance or
> phonogram, or information about the terms and conditions of
> use of the performance or phonogram, and any numbers or
> codes that represent such information, when any of these
> items of information is attached to a copy of a fixed
> performance or a phonogram or appears in connection with the
> communication or making available of a fixed performance or
> a phonogram to the public.16
>
> --
>
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>
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