Ipr unit ii

54
Introduction to Copyrights copy rights are a set of exclusive rights granted by law to the creators and producers of form of creative expressions such as literary, dramatic, musical and cinematographic works. Books, songs, plays, jewellery, movies, sculptors, paintings and choreographic works are all protectable. Computer software is also protectable by copyright. Marketing material, advertising copy and cartoons are also protectable. But certain works are not protectable by copyright, such as titles, names, short phrases, or lists of ingredients. Similarly ideas, methods and processes are not protectable by copyright, although the expression of those idea is.

Transcript of Ipr unit ii

Introduction to Copyrights copy rights are a set of exclusive rights granted by law to the

creators and producers of form of creative expressions such as literary, dramatic, musical and cinematographic works.

Books, songs, plays, jewellery, movies, sculptors, paintings and choreographic works are all protectable.

Computer software is also protectable by copyright. Marketing material, advertising copy and cartoons are also

protectable. But certain works are not protectable by copyright, such as

titles, names, short phrases, or lists of ingredients. Similarly ideas, methods and processes are not protectable by

copyright, although the expression of those idea is.

Copyright Principles: Every author requires little incentive to create new work, without

fear that after his/her work is not infringed and the copyright helps in it.

The copyright law protects music, architecture, writing, computer programs, plays, websites, movies, dance, and visual artworks like painting, graphic arts, sculptures, photographs etc., from infringement.

The person of entity that creates on original work which can claim a copyright is called ‘author’, and the work is called the copyrightable work.

The moment the author has done with his/her work, so that the work is presentable, a copyright is acquired (copyright springs into existence the moment the work is created).

To get copyright, the work of the author must be original. Term ‘original’ in the copyright law means that the author has not

copied the work from anyone or any other source.

Subject matter of copyright Copyright protects original works of authorship that are

fixed in a tangible form of expression, now known or later developed.

Thus , there are three basic requirements for copyrightability.1. A work must be original.2. A work must be fixed in a tangible form of expression.3. A work must be a work of authorship. A work must be original: To be eligible for copyright protection, material must be original, meaning that it must have been independently created and must possess a modicum of creativity.

Subject matter of copy right A work must be fixed in a tangible form of expression:The copyright act protects works of authorship that are “ fixed in any tangible medium of expressions”. Thus there are two categories of tangible expression in which work can be fixed.

1. copies.2. phonorecords

A COPY is a material object (other than a phonorecord) from which a work can be perceived, reproduced, or communicated, either directly by human perception or with the help of machine.

Subject matter of copy right A PHONORECORD is a material object in which sounds

(other than those accompanying a motion picture or other audio-visual work) are fixed and from which sounds can be perceived, reproduced, or communicated either directly by human perception or with the help of machine.

Thus, a record, a cassette tape, and a CD recording of song by rolling stones are all considered to be “PHONORECORDS”.

Works of authorship:A copyright act provides that copyright protection subsists in original works of authorship fixed in any tangible medium of expression, now known or hereafter developed, from which they can be perceived, reproduced or otherwise communicated, either directly or with the aid of machine.

Subject matter of copyright

Works of authorship include the following categories:1. Literary works2. Musical works (including accompanying words)3. Dramatic words (including accompanying music)4. Pantomimes and choreographic works5. Pictorial, graphic, and sculptural works6. Motion pictures and other audio-visual works7. Sound recordings8. Architectural works.

Subject matter of copyrightLITERARY WORKS: "Literary works" are works, other than audiovisual works, expressed

in words, numbers, or other verbal or numerical symbols, regardless of the nature of the material objects, such as books, periodicals, manuscripts, phonorecords, films, tapes, disks, or cards, in which they are embodied.

This broad category includes works of fiction and non fiction, catalogs, reports, speeches, pamphlets, computer programs, articles, novels, directories, computer databases, essays, catalogs, poetry, dictionaries, encyclopedias, and other reference materials.

Subject matter of copyrightMUSICAL WORKS: A musical work consists of the musical notes and lyrics (if

any) in a musical composition. A musical work may be fixed in any form, such as a piece of

sheet music or a compact disc.  Musical works may be "dramatic," i.e., written as a part of a

musical or other dramatic work, or "non dramatic," i.e., an individual, free-standing composition.

Subject matter of copyrightDRAMATIC WORKS: A dramatic work is usually a theatrical performance of

play performed for stage, movie, television, or radio. It includes spoken text, plot, and directions for action.

(or) Generally, a dramatic work is one in which a series of

events is presented to the audience by characters through dialogue and action as the events happen, such as well known plays.

Subject matter of copyrightPANTOMIMES AND CHOREOGRAPHIC WORKS: Pantomime or mime is a performance using gestures and

expression to communicate with no accompanying sound. The 1976 act as the first statute to include choreography as a

copyrightable work. Choreography is the composition and arrangement of dance

movement and patterns, often accompanied by music. Simple dance routines and social dance steps such as waltz, the fox trot, and the second position of classical ballet are not copyrightable.

Traditionally pantomime and choreographic works are fixed in a system of written notation, but the copyright act provides that they also may be fixed in any tangible medium, including film, video, or photographs.

Subject matter of copyright

PICTORIAL, GRAPHIC AND SCULPTURAL WORKS: pictorial, graphic and sculptural works include two dimensional and

three dimensional works of fine, graphic and applied art. This category of work is extremely broad and includes the following:

photographs, prints, posters and art reproductions, maps, globes, charts, diagrams, art work applied to clothing, bumper stickers, cartoons, and comic strips, dolls, toys, jewelry designs, mosaics, patterns for sewing, record jacket work, tapestries, quilts, fabric, floor, and wall covering designs, games, puzzles, greeting cards, postcards, and sculptures (including carvings, figurines and molds), models, technical drawings, including architectural plans and blueprints.

Subject matter of copyright

A minimal threshold of creativity is required. Thus, a simple shape such as drawing of a circle or square

may not be protected.

Subject matter of copyrightMOTION PICTURES AND OTHER AUDIOVISUAL WORKS: "Audiovisual works" are works that consist of a series of related

images which are intrinsically intended to be shown by the use of machines, or devices such as projectors, viewers, or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.

"Motion pictures" are audiovisual works consisting of a series of related images which, when shown in succession, impart an impression of motion, together with accompanying sounds, if any.

Subject matter of copyrightSOUND RECORDINGS: A "sound recording" is the work that results from the fixation of

sounds, including those that are musical or spoken. When those sounds are included in an audiovisual work, such as a music video, they are considered part of the audiovisual work rather than a sound recording.

ARCHITECTURAL WORKS: An "architectural work" is "the design of a building as embodied

in any tangible medium of expression, including a building, architectural plans, or drawings." It includes the overall form as well as the "arrangement and composition of spaces and elements" in the design of the building.

The rights afforded by copyright lawOwners of copyright are granted a bundle of exclusive rights: Rights to reproduce the work. Rights to prepare adaptions or derivative works based

on the original work (i.e., to alter, remix, or build upon the work).

Rights to distribute the work. Rights to perform the work. Rights to display the work.Exercise of any of these rights without permission of the copyright owner will constitute infringement of copyright, even if there is on intent to infringe and the use of innocent.

The rights afforded by copyright lawThese exclusive rights will be examined in detailed. Rights to reproduction:The most fundamental of the rights granted to copyright owners is the right to reproduce the work, there by excluding others from reproducing the work. Rights to prepare derivative works:Sec 106 of the copyright act provides that the owner of a copyright has the exclusive right to prepare derivative work based upon the copyright work. This right is often referred to as the right to adapt the original work.

The rights afforded by copyright lawDerivative Work:Derivative work is broadly defined as a work based upon one or more pre-existing works, such as a translation, dramatization, fictionalization, motion picture version, abridgement condensation or any other form in which a work may be recast, transformed or adapted. A work consisting of editorial revisions, annotations, elaborations or other modifications also.

The Rights afforded by copyright law Rights to distribute the work:Sec 106(3) of the copyright Act provides that the owner of a copyright has the exclusive right to distribute copies or phonorecords of the work to the public by sale or other transfer of ownership, or by rental, lease or lending.

Rights to perform the work publicly:Sec 106(4) of the copyright Act provides that in the case of literary, musical, dramatic and choreographic works, pantomimes and motion pictures and other audio visual works, the copyright owner has the exclusive right to perform the copyrighted work publicly.

The rights afforded by copyright lawPerform:The word perform means to recite, render, play, dance or act a work, either directly or by means of a device or process to show its images in any sequence or to make the sounds accompanying it audible.

Rights to display the work publicly:Sec 106 (5) of the copyright Act provides that in the case of all copyrighted works other than sound recordings and works of architecture, the copyright owner has the exclusive right to display the work publicly.

Right to display the work publicly same as to public performance.

Exceptions to the exclusive rights granted to copyright owners:

Right to use certain copyrighted works in certain instructional and educational activities.

During religious services. For non commercial fund raising. Veterans and fraternal organisations. Agricultural and horticultural fairs. Small commercial establishments. For handicapped persons.

Copyright Ownership Copyright ownership vests in the author of a work or

authors of the work. Special issues arise about ownership. They are1. A) When more than one person creates a work

(joint work).B) When the work has multiple parts (such as a song consisting of a melody composed by one person and lyrics composed by another).

2. When a derivative work based upon an underlying work is created or when existing works are combined into a collection.

3. When work is created by an employee (works made for hire).

Copyright ownershipDetermination of ownership is critical because it affects other rights, such as ability to transfer or license a work and the duration of the copyright in a work.Joint Work:

When two or more people create a work with the intent that their contributions be merged into the completed work, the work is joint work, and others each have rights to distribute, perform, reproduce or display the work.

Copyright ownershipExamples: 1. joint works are books that are co-authored by individuals,2. plays that are composed of narrative written by one party,

music by another, and lyrics to the music by the a third.Derivative work:

A derivative work is one based upon an underlying work, the author of the underlying work has exclusive rights in his work, and the author of the derivative work has rights in his newly created work that exist independently from any rights in the original work.

Although the general rule is that the person who creates a work is the author of that work, there is an exception to that rule.

Copyright ownershipWorks made for hire:

If a work is “made for hire”, the author is considered to be the employer or commissioning party and not the employee or the actual person who created the work. The employer or commissioning party may be a company or an individual.

Copyright ownershipExamples: A software program created by a staff programmer for

creative computer corporation. A news paper article written by a staff journalist for

publication in a daily news paper. A musical arrangement written for XYZ company by a

salaried arranger on its staff.

Copyright ownershipThere are two types of works that are classified as works made for hire:1. Works prepared by an employee within the scope of

employment. And2. Certain categories of specially ordered or commissioned

works.Works prepared by an employee within the scope of employment:A work made for hire is one prepared an employee in the scope of employment that parties have agreed in writing will be a work made for hire.

Copyright ownershipSpecially commissioned works:If the work is not one prepared by an employee but, rather is one prepared by an independent contractor, it can be deemed a work made for hire and thus owned by the commissioning party if three conditions are met.a. It is a specially ordered or commissioned work.b. The parties agree in writing that the work is one made for

hire.c. And the work falls into one of nine specially enumerated

categories.The nine categories are:1. A contribution to a collective work.2. Part of a motion picture or other audio-visual work.

Copyright Ownership3. A translation4. A supplementary work (a work prepared for publication as a secondary adjunct to a work by another author for the purpose of introducing, illustrating, or explaining the work such as forewords, pictorial instructions, tables, editorials, bibliographies, appendices and indexes).5. A compilation.6. An instruction text (a literary, pictorial or graphic work prepared for publication with the purpose of use in systematic instructional activities).7. A test.8. Answer material for a test.9. An atlas.

Transfer of copyright Copyrights may be transferred . Moreover, the rights of

copyright owner (including rights to reproduce, adapt, distribute, perform, and display the work) are divisible, meaning that the author may transfer some rights and retain others.

Transfer of exclusive rights must be in writing. Transfers of copyright can be terminated either by the

author or certain of his or heirs during a five year period beginning in the 36th year after a transfer.

Transfer of copyright

Transfer of copyright:

Transfers of copyright

Divisibility of ownership

Requirement of writing for transfer of exclusive rights Recordation of transfer

Transfer of copyrightDivisibility of ownership:

Copyrights are divisible, meaning they can be subdivided, such as occurs when the copyright owner of a book carves up his or her rights to prepare derivative works by granting one party the right to translate the book, granting another party the right to make a motion picture based on the book, granting a third party the right to prepare a sequel to the book.Requirement of writing for transfer of exclusive

rights:A transfer of copyright ownership other than a transfer by

operation of law is not valid unless the transfer is in writing and signed by the owner of the rights conveyed. This requirement of a writing protects copyright owner from inadvertently transferring their copyrights.

Transfer of copyrightRecordation of transfer:• there is no requirement that transfer or licenses of copyright or

grants of security interests in copyright be recorded with the copyright office.

• recordation is prudent, however, because it provides notice of rights in copyrights and may establish priorities' of conflicting transfers.

• the copyright office does not make or participate in the transfer but merely records the document in its files.

• recordation can be made whether the work is published or unpublished and whether or not it has been registered with the copyright office.

• other documents pertaining to copyrights can also be recorded.

Duration of copyright The duration of copyright depends upon whether the

copyright was created after January 1, 1978, the effective date of the 1976 copyright act, or before that date.

Under the copyright act of 1909, federal copyright protection commenced upon publication of the work. Prior to publication, common law copyright principles controlled.

Under the 1976 act, federal copyright protection commences upon creation of the work in a fixed form, whether the work is published or not.

Because works under the 1909 act may still be subject to copyright protection, it is important to understand the periods of duration for works created under both acts.

Duration of copyrightDuration under the 1909 copyright Act.Duration under the 1976 copyright Act.Duration under the 1909 copyright Act:• Under the 1909 Act, the copyright in a work lasted for a first term

of 28 years from the date it was secured.• During the last year of the term, the copyright was eligible for

renewal either by the author or specified heirs for a second term of 28 years.

• If not renewed, the copyright was expired at the end of the first 28 year term.

• Thus the maximum allowable length of copyright protection under the 1909 act was 56 years.

Duration of copyright

Duration under the 1976 copyright Act:For works that are created and fixed in a tangible medium of expression after January 1, 1978, the copyright Act of 1976 does away with burdensome renewal requirements and establishes a single copyright term.There are three basic categories of works:• For works created after January 1, 1978 copyright extends for the life

time of the author plus 70 years.• For joint works, the duration is for 70 years after the last survivors

death.• For works made for hire, the duration is generally 95 years from first

publication or 120 years from creation, which ever is shorter.

Copyright formalities and registration

Parties who may file application: the following persons are entitled to submit an application for registration of copyright.• The author• The copyright claimant.• The owner of exclusive rights, such as the transferee

of any of the exclusive rights of copyright ownership.• The duly authorized agent of the author, claimant, or

owner of exclusive rights.

Copyright formalities and registration

Filing the application:• Filing an application for copyright with complete details

and copies , the author or rightful owner has to wait for a mandatory period of 30 days for any objection that may be filed in the copyright office against the claim that the concerned work created by the applicant.

• If any objection is filed, it may take another one month’s time to decide as to whether the work could be registered by the registrar of copyrights after giving an opportunity of hearing the matter from both the parties.

Copyright formalities and registrationExamination of the application: The copyright office will assign the application to a specialist

examiners. The examiner will review the application to ensure all information is

complete and compare the application and deposit for consistency. If no objection is filed within the said period, the application is then

formally examined and objection by the examiner, if any, are raised or any extra documents required are requested for. Response to the objections/examination report has to be filed within 30 days.

There are four major examining sections in the copyright office:one for literary worksone for works of the performing artsone for works of visual artsone for renewals

Copyright formalities and registration

Copyright registration:A copyright registration certificate is issued by the copyright office after objections, if any, are overcome to the satisfaction of the copyright office.

APPENDICESAppendix-I

Form IV - Application for Registration of CopyrightToThe Registrar of CopyrightsCopyright OfficeNew Delhi- 110 001.Sir,In accordance with Section 45 of the Copyright Act, 1957 (14 of 1957), I hereby apply for registration of Copyright and request you that entries may be made in the Register of Copyrights in the enclosed Statement of Particulars sent herewith in triplicate.I also send herewith completed the Statement of Further Particulars relating to the work.(For Literary, Dramatic, Musical and Artistic works only)2. In accordance with Rule 16 of the Copyright Rules, 1958, I have sent by prepaid registered post copies of this letter and of the enclosed Statement(s) to other parties concerned, as shown below:Name and addresses of the parties Date of dispatchSee columns 7, 11, 12 and 13 of the Statement of Particulars and the party referred in Col. 2 (e) of the Statement of Further Particulars.)3. The prescribed fee has been paid, as per details below:-4. Communications on this subject may be addressed to: -5. I hereby declare that to the best of my knowledge and belief, no person, other than to whom a notice has been sent to as per paragraph 2 above has any claim or interest or dispute to my copyright of this work or to its use by me.6. I hereby verify that the particulars given in this Form and in the Statement of Particulars and Statement of Further Particulars are true to the best of my knowledge, belief and information and nothing has been concealed therefrom.

Yours faithfully,Signature by the applicant

List of enclosures:Place:Date:

Statement of Particulars(to be sent in triplicate)

1. Registration No. (to be filled in by the Copyright Office)2. Name, address & nationality of the Applicant3. Nature of the Applicant’s interest in the Copyright of the work4. Class and description of the work5. Title of the work6. Language of the work7. Name, address & Nationality of the Author and if the author is deceased, the date of decease8. Whether the work is published or unpublished9. Year and Country of first publication (Name, address and nationality of the publisher)10. Years and countries of subsequent publications if any, and name, addresses and nationalities of the publishers11. Names, address and nationalities of the owners of various rights comprising the copyright in the work and the extent of rights held by each, together with the particulars of assignments and licence, if any12. Names, addresses and nationalities of other persons if any, authorised to assign or licence the rights comprising the copyrights13. If the work is ‘Artistic’ the location of the original work, including name and address and nationality of the person in            possession of the work, (in case of an architectural work, the year of completion of the work should also be shown).13A. If the work is an Artistic work which is used or is capable of being used in relation to any goods, the application should           include a certification from the Registrar of Trade Marks in terms of the proviso to Sub-Section (i) of Section 45 of the           Copyright Act, 1957.14. Remarks, if any

Signature of the ApplicantPlace: Date:

Statement of Further Particulars(To be sent in triplicate)

(For Literary, Dramatic, Musical and Artistic works only)1. Is the work to be registered

a. an original work?b. a translation of a work in the public domain?c. A translation of a work in which Copyright subsists?d. an adaptation of a work in the public domain?e. an adaptation of a work in which Copyright subsists?

2. If the work is a translation or adaptation of a work in which Copyright subsists:f. Title of the original workg. Language of the original workh. Name, address and nationality of the author of the original

work and if the author is deceased, the date of deceasei. Name, address and nationality of the publisher, if any,

of the original workj. Particulars of the authorization for a translation or adaptation

including the name, address and nationality of the party authorizing:3.Remarks, if any

Signature Place:Date:

Instructions for filling up the Statement of Particulars annexed to Form IV for the Registration of CopyrightsCol.3:- State whether the applicant is the author or publisher of the work or whether he/she is the owner assignee or licencee of any right comprising the copyright in the work or whether he has any other interest in the work.Col.4:- State whether the work is "Literary work" or "Dramatic Work" or "Musical work" or "Computer Software work" or "Artistic Work" or "Cinematograph Film" or "Sound Recording", [see sub- section (i) of Section 13]. Describe in brief the nature of the work (i.e. Drama, Novel, Biography, Poems, Lecturers Opera, Painting, Engraving, Photograph, Disco tapes, etc.)Col. 5  In regard to a work, a title must be given.Col. 6  If the work is in more than one language, all the languages should be shown.Col. 7  For the definition of Author see clause ‘d’ of Section 2. Moreover, irrespective of the person who gave the ideas or suggestions, the author is the person who has actually drawn or executed the work in question.

Col. 8  For definition of Publication see Section 3 of the Act, and if the work is posthumous work, see sub-section (2) of Section 24.Col. 9  If a work is published simultaneously in more than one country, state particulars of countries in which it is published and the exact date of publication (and not merely the year of publication) in each country. For meaning of simultaneous publication see section 5.Col. 10 In case of subsequent publication, state briefly the changes, if any, made in the first publication.Col.11  For the rights comprising the Copyright, see Section 14. If the rights are owned separately by different persons the rights of each person should be stated separately, including the extent of rights held by each person. In the case of a ‘Cinematograph Film’ or ‘Sound Recording’ also state in full particulars (viz. full names, addresses and nationalities) of the owners of Copyright of the work recorded in the Sound Recording like the composers, lyricists, story writers, etc.Col.12 State the Particulars of the persons other than those mentioned in Col.11, authorized to assign or licence the rights comprising the copyrights, if any.Col.13 State where and with whom the original work is located. This information is required to be supplied in case of artistic work as defined in Section 2 (c).Col.13A In case an artistic work is used or is capable of being used in relation to any goods, a Search Certificate from the Trade Marks Registry u/s 45 (1) of the Copyright Act, 1957 as amended from time to time, has to be procured, and enclosed in original with the application for registration of Copyright.

Second schedule to the Copyright Rules, 1958 (As amended from time to time) enlisting various fee payable under the Copyright Act, 1957.

For a licence to republish a Literary, Dramatic, Musical or Artistic work (Section 31, 31-A and 32-A) Rs. 400/- per work

For licence to republish a Cinematograph Film (Section 31)  Rs. 600/- per work

For a licence to republish a sound recording (Section 31) Rs. 400/- per work

For a licence to perform an Indian work in public or to communicate the work to the public by Broadcast (Section 31) Rs. 200/- per work

For an application for a licence to produce and publish a translation of a Literary or Dramatic work in any Language ) (Section 32 & 32-A Rs. 200/- per work

For an application for registration or copyright in a:  

  Literary, Dramatic, Musical or Artistic work  Rs. 50/- per work

  Provided that in respect of a Literary or Artistic work which is used or is capable of being used in relation to any goods (Section 45) Rs. 400/- per work

For an application for change in particulars of copyright entered in the Register of Copyrights in respect of a:-  

  Literary, Dramatic, Musical or Artistic work  Rs. 50/- per work

Provided that in respect of a literary or Artistic work which is used or is capable of being used in relation to any goods (Section 45)    

Rs. 200/- per work

For an application for registration of Copyright in a Cinematograph Film (Section 45)      Rs. 600/- per work

For an application for registration of change in particulars of copyright entered in the Register of Copyrights in respect of Cinematograph film (Section 45)       

Rs. 400/- per work

For an application for registration of copyright in a Sound Recording (Section 45)         Rs. 400/- per work

For an application for registration of changes in particulars of copyright entered in the Register of Copyrights in respect of Sound Recording (Section 45)               

Rs. 200/- per work

For taking extracts from the indexes (Section 47)  Rs. 20/- per work

For taking extracts from the Register of Copyrights (Section 47).         Rs. 20/- per work

 For a certified copy of an extract from the Register of Copyrights of the indexes (Section 47)              Rs. 20/- per work

For a certified copy of any other public document in the custody of the Register of Copyright or the Copyright Board    Rs. 20/- per work

For an application for prevention of importation of infringing copies (Section 53) per place of entry Rs. 400/- per work

International copyright law Nearly 1 million books and literary titles, 5000 feature films

and 3 million songs are published world wide each year. Yet there is no such thing as “international copyright” that

will protect an authors work through the world. Protection generally is afforded on a country by country

basis. However, most countries offer protection to foreign work under international conventions and treaties.

There are two principal international copyright treaties or conventions.

1. the Berne convention for the protection of literary and artistic property.

2. the universal copyright convention (UCC)

Berne ConventionThe Berne convention was created in 1886 under the

leadership of Victor Hugo to protect literary and artistic works.

It has more than 160 member nations.The US became a party to the Berne convention in 1989. It is administered by WIPO and is based on the percept

that each member nation must treat nationals of other member countries like its own nationals for the purpose of copyright (the principle of “national treatment”).

Treaties supplementing the Berne convention

In December 1996, WIPO convened in Geneva, Switzerland, to work on the first amendment to international copyright laws in 25 years, action that was primarily spurred by concern over piracy of copyrighted works through the internet.There are two treaties,1. The WIPO copyright treaty2. The WIPO performance and phonograms treatyThe WIPO copyright treaty clarify that computer programs are protectable by copyright as literary works, that unauthorized reproduction or distribution of work by electronic means is infringement.

Treaties supplementing the Berne convention

The act prohibits both the use of circumvention methods and the manufacturing or offering of circumvention devices.Circumvention is permissible for computer security testing, encryption research, certain library uses and for law enforcement activities.2. The WIPO performance treaty provides similar rights, granting protection to sound recordings first fixed in a treaty member country.

The Uruguay round agreements Act

In December 1994, president Clinton signed the Uruguay Round Agreements Act (URAA) that implements the Uruguay round general Agreement on tariffs and trade (GAAT), which itself includes an agreement on trade related aspects of intellectual property (TRIPs). TRIPs requires all members of the WTO to provide certain standards of protection for trademarks, copyrights, patents and trade secrets and requires countries to provide effective enforcement of these rights.

World Trade Organisation• GATT was replaced by the WTO, which oversees various

agreements.• The WTO was established in 1995 to implement the

Uruguay round agreements, serve as a forum for trade negotiations, handle trade disputes, and monitor national trade policies.

• It has more than 150 members.• The US has been a member of WTO since 1995.• The WIPO and WTO cooperate to provide assistance to

developing countries with respect to intellectual property rights and laws.

Universal Copyright Convention• The US became a party to the original universal copyright convention in 1955.• More than 30 years before the US becomes a party to the Berne convention; thus

the UCC was the first international convention relating to copyright to which the US was subject.

• Similar to the Berne convention, the UCC is based on the principle of national treatment, requiring that works originating in a member nation must be given the same protection in each of the other member nations as is granted by the law of the country of the origin.

• The UCC imposes fewer minimum standards on its members than does the Berne convention.

• The UCC provides that use of copyright notice in a prescribed form( the © symbol, accompanied by the year of first publication and the name of the copyright owner).

• Some Berne member countries joined the UCC to establish relations with the nations that are not members of Berne.

• The UCC is administered by UNESCO.