2. International Protection of Copyright and Related ... · Beatrice KALDUN, UNESCO Programme Specialist ... to many potential threats to the moral rights of authors. Rampant piracy

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2. International Protection of Copyright and Related Rights – UNESCO Copyright Activities

Beatrice KALDUN, UNESCO Programme Specialist for Culture, UNESCO Office Beijing I am pleased to be here and give this presentation, sharing UNESCO’s role in promoting copyright and copyright protection. This Workshop provides an excellent opportunity for us to exchange ideas about the challenges that are faced nowadays in the field of copyright and neighbouring-rights. The Workshop is timely when the debate on copyright and on the necessity of promoting and protecting cultural diversity confirms the major place of the arts and cultural industries, whose existence and development will be impossible without an efficient copyright protection. I’m very pleased to see that the rich programme of the Workshop captures the multifaceted character of the complex copyright issues and shall provide an excellent basis for bringing practical solutions for the Mongolian situation, not the least through the production and use of the ACCU Asian Copyright Handbook. As a traditional tool for encouraging creativity, copyright nowadays, in the beginning of the 21st century, is playing a more and more crucial role, and has even greater potential to encourage creativity and in assisting the establishment and flourishing of the cultural industries, which can broadly be defined to include the film, music, audiovisual and publishing industries. With the rapid development of the human society, scientific and technical progress has had a great impact on the evolution of copyright. High-tech products have progressively become new vehicles for the dissemination of protected creations. Popularization of computers, microprocessors and silicone chips have created new storage and retrieval methods. Digitization and circulation of works over networks such as the Internet means that low-cost, high-quality copies can be made quickly and can be sent to anywhere in the world. In addition, information and communication technologies (ICTs) have seen rapid evolution and progress; new means have been provided to achieve more in all sectors of work and life. It is possible that almost every kind of data and information can be shared free of boundaries. However, if scientific and technical progress has considerably increased the possibilities for production and dissemination of works of the mind, it has also created situations which have caused economic losses, not only to authors, but also to performers (singers, musicians, actors). Moreover, digital works are vulnerable. They can be easily

changed, altered or even falsified, which give rise to many potential threats to the moral rights of authors. Rampant piracy and low level of enforcement of copyright laws destroy the incentives for the creation and distribution of local cultural products in all countries of the world and reveal the need for concerted efforts to encourage creativity and to foster sustainable development. Therefore, copyright protection is of vital importance, especially in the modern society, in which digital technologies are seeing fast and great development. Undoubtedly, the most essential challenge in the copyright arena, also in view of the digital revolution, is to build a balanced and coherent legal framework that takes account of the changes in the economic and socio-cultural arena while safeguarding fundamental rights and freedoms. Copyright protection, as an important means for encouraging creativity and innovation and for development of culture, has been included in UNESCO’s mandate ever since the organization was created. Let us first take a quick look at the origins of today’s international protection system and two important conventions in copyright history. The first international instrument for copyright protection was the Berne Convention for the Protection of Literary and Artistic Works, which was adopted in 1886, and last revised in 1971 (the Paris Act). Today the Berne Convention remains still of great importance as many treaties refer directly or indirectly to its provisions. In 1952, the Universal Copyright Convention (UCC) was adopted, which is administered by UNESCO. It established the world-known symbol (C in a circle) as the international copyright symbol, and was created as a transitory instrument preceding a country’s eventual accession to the Berne Convention, serving as a bridge. Within this context, in 1967, the World Intellectual Property Organization (WIPO) was created, as a specialized agency of the UN system. Both organizations, WIPO and UNESCO collaborate and contribute to the advancement of copyright protection, co-administering a number of copyright related conventions. However, a repartition of their tasks has been established: WIPO has been basically dealing with normative action; while UNESCO has mainly focused on copyright teaching, awareness-raising, copyright enforcement and piracy eradication.

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Committed to promoting copyright protection since its early days, UNESCO has over time grown concerned with ensuring general respect for copyright in all fields of creation and cultural industries. UNESCO operated within the framework of the 2001 UNESCO Universal Declaration on Cultural Diversity, which acknowledges the rapid development of digital technologies and multimedia communication networks raising the acute problem of maintaining a balance within the digital environment between appropriate legal protection of copyright and other neighbouring rights and public access to literacy, scientific and artistic works and cultural services. It would be advisable to quickly establish a set of general guidelines, together with standard measures for national legislation and suggested contract clauses designed to harmonize the conditions for fair and lawful access to protected cultural works and services in cyberspace. Meanwhile, there has been a greater need for the collective administration of rights to authorize the use of protected works and services; to manage the collecting and distributing of benefits obtained from their commercial exploitation; and to attend to the practical needs of users wishing to access those works and services. In addition, efforts need to be made to eliminate piracy, as it is a major obstacle to the development of any cultural industry. (Universal Declaration on Cultural Diversity Cultural Diversity Series No.1 Action Plan Item 16) Based on these principles and the overall objective in ensuring protection of copyright and related rights in the interest of the development of contemporary creativity and fair remuneration for creative work, while at the same time upholding a public right to access to culture, UNESCO is carrying out various programmes in the area of copyright, generally divided into four categories: information and awareness-building, training and teaching, studies and research and enforcement and management of rights. １. Information and Awareness-building In information and awareness-building, UNESCO is focusing on three major aspects: (i) the publication of the UNESCO copyright bulletin in hardcopy and in electronic version; (ii) a series of UNESCO publications in the field of copyright and neighbouring rights; as well as (iii) on-line tools for copyright experts and the general public. (i) The UNESCO’s Copyright Bulletin was first

published in 1948, soon after the setting up of UNESCO. At first, it started as a traditional quarterly legal revue, initially published in

French and English. At a later stage, a Spanish version was added. With the aim to reach a wider audience and to make the copyright Bulletin a genuinely international legal revue in the field of copyright, the idea evolved to increase the number of languages of the Bulletin to all six official languages of UNESCO. The Russian version was born in 1984, and the Chinese version was published ten years later in 1994. The Arabic version was launched in 2004.

(ii) UNESCO has also publications in the field of

copyright and neighbouring rights, and one should be highlighted, the ABC of Copyright from 1981 which is intended to provide to all who are concerned with the creation, circulation and dissemination of knowledge – authors, educators, researchers, librarians, journalists, broadcasters, producers of phonograms, producers and distributors of films, publishers, as well as readers among the public at large – replies to certain questions they may have on the subject of copyright. The booklet attempts to respond to a need of a very large audience to know more about copyright and has no other objective than to clarify this complicated subject by translating sophisticated legal language and terminology into a language that can be easily understood by everyone. The book is currently being updated with a view to take into account the technological changes that have taken place as well as the changes introduced in the legal regulation of copyright at an international level.

(iii) UNESCO has also collated national

legislations on author’s rights and related rights which are constantly updated and available online as “UNESCO Collection of National Copyright Laws”.

2. Training and Teaching

In the field of training and teaching UNESCO has put emphasis on (i) the creation of copyright Chairs; and (ii) the development of study programmes and teaching materials.

(i) UNESCO provides support by setting up

UNESCO Copyright Chairs in universities throughout the world. The great lack of qualified personnel in all infrastructures concerned with copyright is the main reason why UNESCO has taken this activity at heart and started to develop its teaching programmes and establishing Copyright Chairs in universities in different regions in the world,

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mainly in developing countries. The objective is to develop teaching of copyright in order that a certain number of educated specialists come to work in the national economy on a regular basis, which will assist for copyright law enforcement and would thus benefit the creators and other copyright owners.

(ii) It is through wide-ranging knowledge of the

rules governing copyright and neighbouring rights that nations can most effectively provide a secure basis for the relationships between the different parties involved in cultural life and mobilize their efforts to create and produce works which will enrich the cultural heritage. Within this context, UNESCO started to develop special teaching programmes since 1988, which are being circulated to all Ministries of Higher Education of the States and universities. In relation to this programme, UNESCO commissioned the International Manual on Copyright and Neighbouring Rights written by Professor Delia Lipszyc as a university manual with a clear and comprehensive (900 pages) approach but useful also to specialists.

3. Studies and Research Within the context of study and research, UNESCO provides for the Secretariat of the Intergovernmental Committee of the Universal Copyright Convention and prepares studies on various issues such as digital environment, piracy etc for various sessions of the Committee.

In the light of ever more evolving digital environment and the challenges it poses to copyright, UNESCO has undertaken a study on the exceptions and limitations to copyright protection in the digital era, particularly in the field of scientific research, education and culture, in 2003.

4. Enforcement and Management of Rights UNESCO provides legal and technical assistance concerning the elaboration or application of national laws on copyright and neighbouring rights, when requested by the respective Member States. UNESCO aims to contribute to the prevention and fight against piracy through training of copyright enforcement officials, as a training-for-trainers to obtain multiplying effect. The first advanced seminar for copyright enforcement officials was organized by UNESCO Copyright Programme for the countries of South Eastern Europe; it took place in Sofia, Bulgaria, in May 2004. Developed in the light of UNESCO’s strategy in the field of

copyright and related rights in conjunction with the governments, private sector and civil society, the project was funded by the Government of Norway and positioned within the framework of the UNESCO Global Alliance for Cultural Diversity, which is a UNESCO partnership initiative between public, private and civil society sectors.

Generally speaking, the Global Alliance for Cultural Diversity’s focuses are: creating opportunities for cultural diversity, creativity and pluralism of ideas; enabling domestic cultural industries to contribute to sustainable socio-economic development and the elimination of poverty; promoting respects for international copyright regulations and develops effective mechanisms to prevent piracy; building local capacity to increase competitive participation in domestic and international markets; increasing availability of diverse, affordable cultural products worldwide; establishing new forms of international cooperation based on solidarity and the win-win principle. In collaboration with other international and UN bodies, UNESCO promotes multilateral partnerships among public, private and civil society sectors to implement projects that encourage respect for copyright and neighbouring rights. UNESCO has regularly encouraged Member States, notably the developing countries, to organize and develop the collective administration of rights by authors and other rights holders as an essential element in the construction of a modern national system of protection of copyright which would effectively promote a dynamic cultural development. UNESCO assistance has born particularly on the creation of structures adapted to the administration of rights, the training of professional personnel and the provision of expertise leading to competent organization of various technical activities related to the administration of rights. This assistance was further strengthened through the publication: Guide to the Collective Administration of Authors’ Rights which was published by UNESCO in 2001 and aims at contributing to the improvement of the technical administration of rights while throwing light on the relations between the different public services and other social partners in the domain of cultural development. To conclude, let me briefly outline the basic UNESCO tools for copyright and neighbouring rights protection available to you on the UNESCO website.

One of UNESCO’s aims, as stated in its constitution, is to promote the free flow of ideas by

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word and image, and to facilitate the access to all people to printed and published materials produced by all. UNESCO sets out to do this by encouraging cooperation between nations in all spheres of intellectual activity and by recommending the necessary international conventions to the nations concerned. Importantly, UNESCO encourages governments to adopt measures towards promoting creativity and increasing the production of national literacy, scientific, musical and artistic works. The introduction and adaptation of the ACCU Asian Copyright Handbook as an important step for Mongolia in this endeavor.

National Workshop for Copyright Awareness and the Production and Utilization of the Mongolian Version of

the “Asian Copyright Handbook”Ulaanbaatar, Mongolia

5 - 7 October 2006

International Protection of Copyright and Related Rights -UNESCO Copyright Activities

Beatrice KALDUNProgramme Specialist for Culture

UNESCO Office Beijing

• Bi-lateral treaties

• Piracy

• Multi-lateral agreements

Introduction

CU N E S OU L T U R E

I. Information and Awareness-building

II. Training and Teaching

III. Studies and Research

IV. Enforcement and Management of Rights

Table of Contents

• Introduction

• UNESCO Copyright Activities

•

•

• 1952 Universal Copyright Convention

• 1971 Universal Copyright Convention

Introduction

1886 Berne Convention for the Protection of Literary and Artistic Works

1971 Berne Convention for the Protection of Literary and Artistic Works

1887 BIRPI United Office for the Protection of Intellectual Property

Universal Copyright Convention (UCC)

Inter-governmental Committee

1967 Creation of the World Intellectual Property Organization





Table of Contents

• Introduction

• UNESCO Copyright Activities


Published in 6 languages

• English (1948)

• French (1948)

• Spanish

• Russian (1984)

• Chinese (1994)

• Arabic (2004)

www.unesco/culture/

copyrightbulletin

UNESCO Copyright Activities

“ 16. Ensuring protection of copyright and related rights in the interest of the development of contemporary creativity and fair remuneration for creative work, while at the same time upholding a public right of access to culture, in accordance with Article 27 of the Universal Declaration of Human Rights.”


• the publication of the UNESCO copyright bulletin in hardcopy and in electronic version;

• a series of UNESCO publications in the field of copyright and neighbouring rights;

• on-line tools for copyright experts and the general public.





Collection of Copyright Laws

http://www.unesco.org/culture/copyrightlaws



UNESCO Manual on Copyright

and Neighbouring Rights





• Prevention and fight against piracy

> anti-piracy ‘training for trainers seminars

•

> Guide to the Collective Administration of Authors’ Rights

Assistance to the states in collective administration of authors’ rights



UNESCO Copyright Chairs in universities worldwide

Network of UNESCO Chairs

• Renmin University, Beijing, China



•

•

Activities in conjunction with the administration of the UCC

Studies, analyses and contribution to the international debate on the evolution of copyright in the digital environment



UNESCO Global Alliance for Cultural Diversity

Public Sector : ensuring the enforcement of copyright and neighbouring rights

Civil Society Sector : promoting copyright and neighbouringrights protection

Improving copyright policies and enforcement




UNESCO’s Tools

• What is Copyright? Marcel Marceau mimes it

•

• Collection of national copyright laws

• Anti-piracy

• Network of Copyright Chairs

•

UNESCO publications, including the e-Copyright Bulletin in six languages

Guide to the Collective Administration of Author’s Rights, a useful tool for the development of collecting societies.



• Prevention and fight against piracy

> anti-piracy ‘training for trainers seminars

•

> Guide to the Collective Administration of Authors’ Rights

Assistance to the states in collective administration of authors’ rights

Office of the Representative to Democratic People’s Republic of Korea, Japan, Mongolia, People’s Republic of China and Republic of Korea

Address:

Waijiaogongyu 5-15-3

Jianguomenwai Compound

Beijing 100600

Telephone: +86 (0) 165325790 ext. 131

Fax: +86 (0)1065324854

E-mail: [email protected]

Website: www.unescobeijing.org

UNESCO OFFICE BEIJING

Culture Section

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2. International Protection of Copyright and Related ... · Beatrice KALDUN, UNESCO Programme Specialist ... to many potential threats to the moral rights of authors. Rampant piracy