Understanding Copyright
and Related Rights
2016
Understanding Copyright and Related Rights
© WIPO, 2016
First published 2005
Second edition 2016
World Intellectual Property Organization
34, chemin des Colombettes, P.O. Box 18
CH-1211 Geneva 20, Switzerland
ISBN: 978-92-805-2799-5
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(CC BY 3.0 IGO)
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1
Understanding Copyright and Related Rights
Contents
Introduction	
Intellectual Property	
The Two Branches of Intellectual Property
Works Protected by Copyright
Rights Protected by Copyright	
Rights of reproduction, distribution,		
rental and importation	
Rights of public performance, broadcasting,		
communication to the public and making available		
to the public	
Translation and adaptation rights	
Moral rights
Limitations and Exceptions to Rights
Duration of Copyright
Ownership, Exercise and Transfer of Copyright
Enforcement of Rights
Related Rights
The Role of WIPO
Further Information
Understanding Copyright and Related Rights
2
Introduction
This publication provides an introduction to copyright and
related rights for non-specialists. It explains in general terms
the principles of copyright law and practice and describes the
different types of rights that copyright and related rights protect,
as well as the limitations and exceptions to those rights.
It also briefly covers transfer of copyright and provisions for
enforcement.
Detailed legal or administrative guidance on how copyright
operates in a particular country is not covered here, but can be
obtained from national intellectual property or copyright offices.
The “Further Information” section also lists some useful WIPO
website links for readers seeking greater depth.
A separate publication, Understanding Industrial Property,
offers an equivalent introduction to the subject of industrial
property, including patents for inventions, industrial designs,
trademarks and geographical indications.
A separate publication,
Understanding Industrial
Property, offers an equivalent
introduction to the subject of
industrial property, including
patents for inventions,
industrial designs, trademarks
and geographical indications.
3
Understanding Copyright and Related Rights
Intellectual Property
Copyright legislation is part of the wider body of law known as intellectual property
(IP) which refers broadly to the creations of the human mind. IP rights protect the
interests of innovators and creators by giving them rights over their creations.
The Convention Establishing the World
Intellectual Property Organization (1967)
does not seek to define IP, but lists the
following as protected by IP rights:
•	 literary, artistic and scientific works;
•	 performances of performing artists,
phonograms and broadcasts;
•	 inventions in all fields of human en-
deavor;
•	 scientific discoveries;
•	 industrial designs;
•	 trademarks, service marks, and commercial
names and designations;
•	 protection against unfair competition;
and
•	“all other rights resulting from intellectual
activity in the industrial, scientific,
literary or artistic fields”.
The importance of protecting IP was first
recognized in the Paris Convention for the
Protection of Industrial Property (1883)
(Paris Convention) and the Berne Convention
for the Protection of Literary and
Artistic Works (1886) (Berne Convention).
Both treaties are administered by the
World Intellectual Property Organization
(WIPO).
Countries generally have laws to protect
IP for two main reasons:
•	 to give statutory expression to the
rights of creators and innovators in
their creations and innovations, balanced
against the public interest in
accessing creations and innovations;
•	 to promote creativity and innovation,
so contributing to economic and social
development.
4
Understanding Copyright and Related Rights
The Two Branches of Intellectual Property
IP is usually divided into two branches, namely industrial property and copyright.
Industrial property
Industrial property takes a range of forms,
including patents for inventions, industrial
designs (aesthetic creations related to
the appearance of industrial products),
trademarks, service marks, layout-designs
of integrated circuits, commercial
names and designations, geographical
indications and protection against unfair
competition.
Copyright
Copyright relates to literary and artistic
creations, such as books, music, paintings
and sculptures, films and technology-based
works (such as computer
programs and electronic databases). In
certain languages, copyright is referred to
as authors’ rights. Although international
law has brought about some convergence,
this distinction reflects an historic difference
in the evolution of these rights that is
still reflected in many copyright systems.
The expression copyright refers to the act
of copying an original work which, in respect
of literary and artistic creations, may
be done only by the author or with the author’s
permission. The expression authors’
rights refers to the creator of an artistic
work, its author, thus underlining that, as
recognized in most laws, authors have
certain specific rights in their creations
that only they can exercise, which are
often referred to as moral rights, such
as the right to prevent distorted reproductions
of the work. Other rights, such as the
right to make copies, can be exercised by
third parties with the author’s permission,
for example, by a publisher who obtains a
license to this effect from the author.
5
Understanding Copyright and Related Rights
While other types of IP also exist, it is helpful at this stage to
think of the distinction between industrial property and copyright
in terms of the basic difference between inventions and literary
or artistic works.
Inventions may be defined in a non-legal sense as new solutions
to technical problems. These new solutions are ideas, and are
protected as such. Protection of inventions under patent law
does not require the invention to be represented in a physical
form. The protection accorded to inventors is, therefore, protection
against any use of the invention without the permission of the
owner. Even an inventor who independently creates something
that has already been invented, without copying or being aware
of the first inventor’s work, must obtain permission in order to
exploit the later invention.
Copyright relates to literary
and artistic creations, such
as books, music, paintings
and sculptures, films and
technology-based works
(such as computer programs
and electronic databases).
Understanding Copyright and Related Rights
6
Unlike protection for inventions, copyright
law and the associated concept of related
or neighboring rights (discussed below)
protects only the form of expression
of ideas, not the ideas themselves. The
works protected by copyright are creative
with regard to the choice and arrangement
of the medium of expression such as
words, musical notes, colors and shapes.
Copyright protects the owner of the exclusive
property rights against those who
copy or otherwise take and use the particular
form in which the original work
was expressed. It is possible for authors
and creators to create, have rights in and
exploit a work very similar to the creation
of another author or creator without infringing
copyright, as long as the work of
another author or creator was not copied.
From this basic difference between inventions
and literary and artistic works, it
follows that the legal protection provided
to each also differs. Since protection for
inventions gives a monopoly right to exploit
an idea, such protection is short in
duration – usually about 20 years. The
fact that the invention is protected must
also be made known to the public. This
involves issuing an official notification
that a specific, fully described invention
is the property of a specific owner for a
fixed number of years. In other words, the
protected invention must be disclosed
publicly in an official register.
By contrast, the legal protection of literary
and artistic works under copyright
prevents only unauthorized use of the expressions
of ideas. This is one reason that
the duration of protection for copyright
and related rights is much longer than
for patents. Copyright law can be – and
in most countries is – simply declaratory,
i.e., the law may state that the author of
an original work has the right to prevent
other persons from copying or otherwise
using the work. A created work is thus
considered protected as soon as it exists,
and a public register of copyright-protected
works is not necessary. No actions or
formalities are required of the author or
creator.
7
Understanding Copyright and Related Rights
Works Protected by Copyright
For the purposes of copyright protection, the term “literary and artistic works” includes
every original work of authorship, irrespective of its literary or artistic merit.
The ideas in the work do not need to be original, but the form of expression must be
an original creation by the author. Article 2 of the Berne Convention states that: “The
expression ‘literary and artistic works’ shall include every production in the literary,
scientific and artistic domain, whatever may be the mode or form of its expression.”
The Convention lists the following examples of such works:
•	 books, pamphlets and other writings;
•	 lectures, addresses, sermons;
•	 dramatic or dramatico-musical works;
•	 choreographic works and entertainments
in dumb show;
•	 musical compositions with or without
words;
•	 cinematographic works to which are
assimilated works expressed by a process
analogous to cinematography;
•	 works of drawing, painting, architecture,
sculpture, engraving and lithog-
raphy;
•	 photographic works to which are assimilated
works expressed by a process
analogous to photography;
•	 works of applied art;
•	 illustrations, maps, plans, sketches
and three-dimensional works relative
to geography, topography, architecture
or science;
•	“translations, adaptations, arrangements
of music and other alterations
of a literary or artistic work,” which
“shall be protected as original works
without prejudice to the copyright in
the original work”; and
•	“collections of literary or artistic works
such as encyclopedias and anthologies
which, by reason of the selection
and arrangement of their contents,
constitute intellectual creations” –
again, the Convention provides that
these “shall be protected as such,
without prejudice to the copyright in
each of the works forming part of such
collections.”
8
Understanding Copyright and Related Rights
Member countries of the Berne Union and some other countries
provide protection under their copyright laws for the above
categories of works. However, the list is not intended to be
exhaustive. Protection for some categories such as designs
is optional. National copyright laws also protect other modes
or forms of expression of works in the literary, scientific and
artistic domain.
Computer programs are a good example of a type of work
not included in the list in the Berne Convention, but that now
qualifies as a production in the literary, scientific and artistic
domain within the meaning of Article 2. Computer programs
are protected under the copyright laws of a number of countries
as well as under the WIPO Copyright Treaty (WCT) (1996).
A computer program is a set of instructions that controls the
operations of a computer to enable it to perform a specific task,
such as the storage and retrieval of information.
The ideas in the work do
not need to be original,
but the form of expression
must be an original
creation by the author.
9
Rights Protected
by Copyright
Copyright protects two types of rights. Economic rights allow
right owners to derive financial reward from the use of their
works by others. Moral rights allow authors and creators to
take certain actions to preserve and protect their link with their
work. The author or creator may be the owner of the economic
rights or those rights may be transferred to one or more
copyright owners. Many countries do not allow the transfer of
moral rights.
Economic rights allow right
owners to derive financial
reward from the use of their
works by others. Moral rights
allow authors and creators
to take certain actions to
preserve and protect their
link with their work.
Understanding Copyright and Related Rights
10
Understanding Copyright and Related Rights
Economic rights
With any kind of property, its owner may decide how it is to be used, and others can
use it lawfully only if they have the owner’s permission, often through a license. The
owner’s use of the property must, however, respect the legally recognized rights and
interests of other members of society. So the owner of a copyright-protected work may
decide how to use the work, and may prevent others from using it without permission.
National laws usually grant copyright owners exclusive rights to allow third parties
to use their works, subject to the legally recognized rights and interests of others.
Most copyright laws state that authors or
other right owners have the right to authorize
or prevent certain acts in relation
to a work. Right owners can authorize
or prohibit:
•	 reproduction of the work in various
forms, such as printed publications or
sound recordings;
•	 distribution of copies of the work;
•	 public performance of the work;
•	 broadcasting or other communication
of the work to the public;
•	 translation of the work into other languages;
and
•	 adaptation of the work, such as turning
a novel into a screenplay.
The following section explains these
rights in greater detail.
11
Understanding Copyright and Related Rights
Rights of reproduction, distribution,
rental and importation
The right of copyright owners to prevent others from making copies of their works
without permission is the most basic right protected by copyright legislation. The right
to control the act of reproduction – be it the reproduction of books by a publisher
or the manufacture by a record producer of compact discs containing recorded
performances of musical works – is the legal basis for many forms of exploitation of
protected works.
Other rights are recognized in national
laws in order to ensure that this basic
right of reproduction is respected. Many
laws include a right to authorize the distribution
of copies of works. The right of
reproduction would be of little economic
value if copyright owners could not control
distribution of copies of their works
made with their consent. The right of distribution
usually terminates upon first sale
or transfer of ownership of a particular
physical copy. This means, for example,
that when the copyright owner of a book
sells or otherwise transfers ownership of
a copy of the book, the owner of that copy
may give the book away or even resell
it without the copyright owner’s further
permission. The question of applying this
concept to digital files is under consideration
in various national legal systems.
Another right that is gaining increasing
recognition, and is included in the WCT,
is the right to authorize rental of copies
of certain categories of works, such
as musical works in sound recordings,
audiovisual works and computer programs.
This became necessary in order
to prevent abuse of the copyright owner’s
right of reproduction when technological
advances made it easy for rental shop
customers to copy such works.
Finally, some copyright laws include a
right to control importation of copies
as a means to prevent erosion of the
principle of territoriality of copyright. The
right is based on the premise that the
legitimate economic interests of copyright
owners would be endangered were
they not able to exercise their rights of
reproduction and distribution on a territorial
basis.
Certain forms of reproduction of a work
are subject to exemptions from the general
rule, because they do not require
the permission of the right owner. These
exemptions are known as limitations or
exceptions to rights (see next section).
12
Understanding Copyright and Related Rights
Rights of public performance, broadcasting,
communication to the public and making available
to the public
A public performance is considered under many national laws to include any performance
of a work at a place where the public is or can be present, or at a place not
open to the public but where a substantial number of persons outside the normal circle
of a family and its close acquaintances are present. The right of public performance
entitles the author or other copyright owner to authorize live performances of a work,
such as a play in a theatre or an orchestra performance of a symphony in a concert
hall. Public performance also includes performance by means of a recording. Thus a
musical work is considered publicly performed when a sound recording of that work,
or phonogram, is played over amplification equipment, for example in a discotheque,
airplane or shopping mall.
The right of broadcasting covers the
transmission for public reception of
sounds, or of images and sounds, by
wireless means, whether by radio, television
or satellite. When a work is communicated
to the public, a signal is
distributed by wire or wireless means for
reception only by persons who possess
the equipment necessary to decode the
signal. Cable transmission is an example
of communication to the public.
Under the Berne Convention, authors
have the exclusive right to authorize the
public performance, broadcasting and
communication of their works to the public.
Under some national laws, the exclusive
right of the author or other right owner
to authorize broadcasting is replaced,
in certain circumstances, by a right to
equitable remuneration, although this
type of limitation on the broadcasting
right has become less common.
In recent years, the rights of broadcasting,
public performance and communication
to the public have been the subject of
much debate. New questions have arisen
as a result of technological developments,
in particular digital technologies, which
have introduced interactive communications
that enable users to select works to
be delivered to their computers or other
devices. Opinions diverge as to which
right should be applied to this activity.
Article 8 of the WCT clarifies that it should
be covered by an exclusive right, which
the Treaty describes as the authors’ right
to authorize the making available of
their works to the public “in such a
way that members of the public can access
these works from a place and at a
time individually chosen by them”. Most
national laws implement this right as a
part of the right of communication to the
public, although some do so as part of
the right of distribution.
13
Understanding Copyright and Related Rights
Translation and adaptation rights
Translating or adapting a work protected
by copyright also requires permission
from the right owner. Translation means
the expression of a work in a language
other than that of the original version.
Adaptation is generally understood as the
modification of a work to create another
work, for example adapting a novel to
make a film, or the modification of a work
for different conditions of exploitation,
e.g., by adapting a textbook originally
written for university students to make it
suitable for a lower level.
Translations and adaptations are themselves
works protected by copyright. In
order to publish a translation or adaptation,
permission must be obtained from
both the owner of the copyright in the
original work and the owner of copyright
in the translation or adaptation.
The scope of the right of adaptation has
been the subject of significant discussion
in recent years because of the greatly
increased possibilities for adapting and
transforming works in digital formats.
With digital technologies, users can easily
manipulate text, sound and images to
create user-generated content (UGC).
Discussion has focused on achieving an
appropriate balance between the rights
of the author to control the integrity of
a work by authorizing modifications,
and the rights of users to make changes
that seem to be part of the normal
use of a work in digital format. Some
of the questions revolve around whether
authorization from the right owner is
needed to create new works that use
parts of previously existing works, for
example through sampling or mash-ups.
New questions
have arisen as a
result of digital
technologies
14
Understanding Copyright and Related Rights
Moral rights
The Berne Convention, in Article 6bis,
requires its members to grant authors
the following rights:
(i)	 the right to claim authorship of a work
(sometimes called the right of paternity
or the right of attribution); and
(ii)	the right to object to any distortion or
modification of a work, or other derogatory
action in relation to a work,
which would be prejudicial to the author’s
honor or reputation (sometimes
called the right of integrity).
These and other similar rights granted
in national laws are generally known as
the moral rights of authors. The Berne
Convention requires these rights to be
independent of authors’ economic rights.
Moral rights are only accorded to individual
authors and in many national laws
they remain with the authors even after
the authors have transferred their economic
rights. This means that even where,
for example, a film producer or publisher
owns the economic rights in a work, in
many jurisdictions the individual author
continues to have moral rights.
Moral rights are only
accorded to individual
authors and in many
national laws they
remain with the authors
even after the authors
have transferred their
economic rights.
15
Understanding Copyright and Related Rights
Certain categories of
works are excluded from
copyright protection.
Limitations and
Exceptions to Rights
There are several types of limitations and exceptions to copyright
protection. First, certain categories of works are excluded
from copyright protection. In some countries, works are excluded
from protection if they are not fixed in a tangible form.
For example, a work of choreography would only be protected
once the movements were written down in dance notation or
recorded on videotape. In some countries, the texts of laws as
well as court and administrative decisions are excluded from
copyright protection.
Second, certain particular acts of exploitation that usually
require the right owner’s permission may, under circumstances
specified in the law, be carried out without the owner’s
permission. The two basic types of limitations and exceptions
in this category are: (a) free use, which carries no obligation
to compensate the right owner for the use of the work without
permission; and (b) non-voluntary (or compulsory) licenses,
which require that compensation be paid to the right owner for
non-authorized exploitation.
16
Understanding Copyright and Related Rights
The laws of
many countries
recognize
the concepts
of fair use or
fair dealing.
Examples of free use include:
•	 quoting from a protected work, provided
that the source of the quotation and
the name of the author are mentioned,
and that the extent of the quotation is
compatible with fair practice;
•	 use of works by way of illustration for
teaching purposes; and
•	 use of works for the purpose of news
reporting.
In respect of free use for reproduction,
the Berne Convention contains a general
rule rather than an explicit limitation or
exception. Article 9(2) states that member
states may provide for free reproduction
in certain special cases where that act
does not conflict with the normal exploitation
of a work and does not unreasonably
prejudice the legitimate interests of the
author. For example, many national laws
allow individuals to reproduce a work
exclusively for their personal, private and
non-commercial use. However, the easy,
high-quality individual copying made
possible by digital technologies has led
some countries to introduce systems
(sometimes referred to as private copy
levies) that allow private copying but incorporate
a mechanism for payment to
right owners for the resulting prejudice
to their economic interests.
In addition to the specific categories of
free use set out in national laws, the laws
of many countries recognize the concepts
of fair use or fair dealing. These
broad, general limitations or exceptions
allow the use of works without the right
owner’s permission, taking into account
factors such as the nature and purpose
of the use, including whether it is for commercial
purposes; the nature of the work
used; the amount of the work used in
relation to the work as a whole; and the
likely effect of the use on the potential
commercial value of the work.
17
Understanding Copyright and Related Rights
Non-voluntary (compulsory) licenses allow the use of works
in certain circumstances without the right owner’s permission,
but require that compensation be paid for that use. Such licenses
are called non-voluntary because they are allowed within the
law and do not result from the exercise of the exclusive right
of the copyright owner to authorize particular acts, and thus
they are not voluntary on the part of the copyright owner. Two
non-voluntary licenses recognized in the Berne Convention
allow the mechanical reproduction of musical works and broadcasting.
Non-voluntary licenses have been created in national
copyright systems when a new technology for disseminating
works to the public emerges, and have been explained based
on the concern of national legislators that right owners are hindering
or might hinder the development of the new technology
by refusing to authorize use of their works. Once adopted, these
licenses sometimes remain in the law even after the technology
has been in place for many years. In some countries, effective
alternatives now exist for making works available to the public
based on right owners’ permission, including through the collective
administration of rights.
Non-voluntary
(compulsory) licenses
allow the use of works in
certain circumstances
without the right owner’s
permission, but require
that compensation be
paid for that use.
18
Understanding Copyright and Related Rights
Limitations and exceptions have traditionally focused on national
situations. However, the text of the first multilateral copyright
instrument centered on limitations and exceptions, the
Marrakesh Treaty to Facilitate Access to Published Works for
Persons Who Are Blind, Visually Impaired, or Otherwise Print
Disabled (Marrakesh Treaty), was adopted by WIPO Member
States in June 2013. The Marrakesh Treaty requires its members
to adopt limitations and exceptions for the creation and
cross-border transfer of certain published works in formats
accessible to persons who are blind, visually impaired, or otherwise
print disabled.
The Marrakesh Treaty
requires its members to adopt
limitations and exceptions
for the creation and crossborder
transfer of certain
published works in formats
accessible to persons who are
blind, visually impaired, or
otherwise print disabled.
19
Understanding Copyright and Related Rights
Duration of Copyright
Copyright protection does not continue
indefinitely. Copyright laws provide for a
period of time during which the rights of
the copyright owner exist and may be
exploited. The period or duration of copyright
begins from the moment the work
is created or, under some national laws,
when it is expressed or “fixed” in tangible
form. Copyright protection continues,
in general, until a certain time after the
death of the author. The purpose of this
provision in the law is to enable the author’s
successors to benefit economically
from exploitation of the work even after
the author’s death. In some countries
moral rights continue in perpetuity after
the end of the term of economic rights.
In countries party to the Berne Convention
and some other countries, the duration
of copyright provided in national law
is, as a general rule, the life of the author
plus not less than 50 years after the author’s
death. There is a trend in a number
of countries to lengthen the duration of
copyright to the life of the author plus 70
years after the author’s death. The Berne
Convention and many national laws also
establish periods of protection for works
such as anonymous, posthumous and
cinematographic works where it is not
possible to base duration on the life of
an individual author.
Works that are no longer subject to copyright
protection enter the public domain.
The duration of copyright
begins from the moment the
work is created or, under
some national laws, when it
is “fixed” in tangible form.
Copyright protection continues,
in general, until a certain time
after the death of the author.
20
Understanding Copyright and Related Rights
Ownership, Exercise and
Transfer of Copyright
The owner of copyright in a work is generally,
at least in the first instance, the
creator of a work, i.e., the author. However,
this is not always the case. The Berne
Convention, in Article 14bis, contains
rules for determining initial ownership of
rights in cinematographic works. Certain
national laws also provide that where a
work is created by an author employed for
the purpose of creating that work, the employer,
not the author, is the owner of the
copyright in that work. As noted above,
however, in general moral rights belong to
the individual author of a work regardless
of who owns the economic rights.
The laws of many countries provide that
the initial right owner may transfer all
economic rights in a work to a third party,
although often moral rights cannot
be transferred. Authors may transfer the
economic rights in their works to individuals
or companies best able to market
them, in return for payment. Such
payments are often made dependent on
actual use of the works and are referred
to as royalties. Transfer of copyright may
take one of two forms: assignment and
licensing.
An assignment is a transfer of a property
right. Under an assignment, the right
owner transfers the right to authorize
or prohibit certain acts covered by one,
several or all rights under copyright. The
person to whom the rights are assigned
becomes the new copyright owner or
right holder. Copyright rights are divisible,
so it is possible to have multiple right
owners for the same or different rights in
the same work.
In some countries, an assignment of
copyright is not legally possible, and only
licensing is allowed. Licensing means
that the copyright owner retains ownership
but authorizes a third party to carry
out certain acts covered by the economic
rights, generally for a specific period of
time and for a specific purpose. For example,
the author of a novel may grant a
publisher a license to make and distribute
copies of the novel. At the same time, the
author may grant a license to a film producer
to make a film based on the novel.
Licenses may be exclusive, with the right
owner agreeing not to authorize any other
party to carry out the licensed acts; or
non-exclusive, which means the right
owner may authorize others to carry out
the same licensed acts. A license, unlike
an assignment, does not generally convey
the right to authorize others to carry
out acts covered by economic rights.
21
Understanding Copyright and Related Rights
Licensing may also take the form of collective administration
of rights. Under collective administration, authors and other
right owners grant exclusive licenses to a single entity that acts
on their behalf to grant permission for third-party use, collect
and distribute remuneration, prevent and detect infringement of
rights, and seek remedies for infringement. Collective administration
offers advantages to authors, in particular by providing a
single, central source to ensure that mass use of a work takes
place only with the necessary, easily obtainable, permission.
This is increasingly important as digital technologies allow
multiple possibilities for the unauthorized use of copyrighted
works, but at the same time can facilitate the rapid, automated
granting of licenses and the inclusion of licensing information
in metadata.
Authors may transfer
the economic rights
in their works to
individuals or
companies best able
to market them, in
return for payment.
22
Understanding Copyright and Related Rights
While there are few specific copyright law provisions regarding
the possibility of copyright relinquishment, copyright owners
may also effectively abandon the exercise of rights, in whole
or in part. Such effective abandonment is also sometimes characterized
as licensing with no or limited conditions for use. The
owner may, for example, post copyright-protected material on
the Internet and leave it free for anyone to use, or restrict the
abandonment to non-commercial use with or without certain
additional requirements. Various cooperation projects have
been set up according to a model whereby contributors give
up certain rights described in the licensing terms adopted
for the project, such as Creative Commons licenses and the
General Public License (GPL) for free software. Right owners
thereby leave their contributions free for others to use and adapt,
but with conditions such as requiring that subsequent users
must also adhere to the terms of the license. Such projects,
including the open source movement, which specializes in
creating computer programs, also build their business models
on the existence of copyright protection, because otherwise
they could not set specific terms or create an obligation for
subsequent users.
23
Enforcement of Rights
The Berne Convention contains few provisions
concerning the enforcement of
rights, even if it has, since its earliest days,
required that infringing copies of a work
should be liable to seizure in any country
of the Berne Union in which they may enjoy
protection. However, new national and
international enforcement standards have
evolved dramatically due to two principal
factors. The first concerns advances in
the technological means for creation and
use (both authorized and unauthorized) of
protected material. Digital technologies,
in particular, make it easy to transmit
and make perfect copies of information
existing in digital form, including copyright-protected
works. This is acknowledged
in the WCT, which requires
Contracting Parties to ensure that enforcement
procedures are available under
their laws in order to provide for effective
action against infringement of any rights
covered by the Treaty, including remedies
to prevent or deter further infringements.
The second factor is the increasing economic
importance in international trade of
the movement of goods and services protected
by IP rights. Trade in IP-protected
products is a thriving worldwide business.
The Agreement on Trade-Related
Aspects of Intellectual Property Rights
(TRIPS Agreement), which contains more
detailed provisions on the enforcement
of rights, embodies the link between IP
and trade.
Digital technologies,
make it easy to transmit
and make perfect copies
of information existing
in digital form, including
copyright-protected works.
Understanding Copyright and Related Rights
24
Understanding Copyright and Related Rights
The following paragraphs summarize
some of the enforcement provisions
found in relatively recent national legislation.
They may be divided into the following
categories: provisional measures;
civil remedies; criminal sanctions; border
measures; and measures, remedies and
sanctions against abuses in respect of
technical devices.
Provisional measures are orders of the
court issued in civil proceedings prior
to the final determination of the parties’
rights. They have the general purpose of
preventing the objective of the litigation
from being frustrated, whether through
irreparable damage to the plaintiff before
the parties’ rights have been determined
or through interference with the court’s
process, for example by the destruction
of evidence. Thus a right holder will often
seek an order to prevent infringements
from continuing pending the court’s final
decision in the case. Further, if there are
grounds to fear that the other party will
conceal or destroy evidence, the plaintiff
may apply to the court for an order to
search the premises of the alleged infringer
and seize suspected infringing goods,
the equipment used to manufacture them
and all documents relating to the alleged
infringing activities.
Where there is no time to notify the alleged
infringer of the application or it is
necessary for practical reasons (such as
the risk of concealment of evidence) not
to give prior warning, judicial authorities
may order that provisional measures be
granted without advance notice to the
defendant. However, the defendant is
entitled to seek a review of the court’s
order, once he or she becomes aware of it.
Final remedies in civil proceedings seek
to restore the injured right holder to his
or her former position and prevent any
recurrence of the infringing activities. The
court may make an award of damages –
that is to say, order the infringing party to
pay a sum of money – to compensate the
right holder for economic or moral injury
suffered through the infringement. As an
alternative to damages, the plaintiff may
be entitled to recover any profits made
by the defendant through the infringing
activities. If there is any danger that infringing
acts may continue, the court may
also issue an injunction ordering the defendant
not to carry out such acts, with
failure to comply subject to sanctions. In
addition, in order to create an effective
deterrent, the court will usually have the
power to order the destruction of the
infringing goods and any tools and materials
predominantly used to produce them.
25
Understanding Copyright and Related Rights
Criminal sanctions are intended to punish
those who carry out infringements
of particular gravity, such as willful acts
of piracy committed on a commercial
scale, and so to deter further infringement.
The purpose of punishment is
achieved through fines and prison sentences
consistent with the level of penalties
applied for crimes of corresponding
seriousness, particularly for repeat offenses.
Deterrence is also served, as in
civil proceedings, by orders for the seizure
and destruction of infringing goods
and of materials and equipment used
predominantly to commit the offense.
Border measures are different from the
enforcement measures described so far
in that they involve action by customs
authorities. Border measures allow right
owners to request that customs authorities
suspend the release into circulation of
goods suspected of infringing copyright.
This is intended to give right owners a
reasonable time to commence judicial
proceedings against the suspected infringer,
without the risk that the alleged
infringing goods will disappear into circulation
after customs clearance. Typically,
right owners must meet certain
requirements such as to: (a) satisfy the
customs authorities that there is prima
facie evidence of infringement; (b) provide
a detailed description of the goods
so that they can be recognized; and (c)
provide security to indemnify the importer,
the owner of the goods and the customs
authorities in case the goods are found to
be non-infringing. Following the detention
of the goods by Customs, the right holder
will typically apply to the court for provisional
measures to prevent the release
of the goods into the market, pending a
final decision on the claim of infringement.
26
Understanding Copyright and Related Rights
The final category of enforcement provisions includes measures,
remedies and sanctions against abuses in respect of technical
means, also referred to as technological protection measures
(TPMs), which have achieved greater importance since the
advent of digital technologies. In certain cases, the only practical
means of preventing copying is through so-called copy-protection
or copy-management systems. These use technical devices that
either entirely prevent copying or make the quality of copies so
poor as to be unusable. Technical means are also used to prevent
the reception of encrypted commercial television programs except
with the use of decoders. However, it is technically possible to
manufacture devices that circumvent such copy-protection and
encryption systems. These enforcement provisions are intended
to prevent the manufacture, importation and distribution of such
devices. The WCT includes provisions to this effect, as well as
provisions to prevent the unauthorized removal or alteration of electronic
rights management information and the dissemination of
copies of works from which such information has been removed.
Rights management information may identify the author or right
owner, or contain data about the terms and conditions of use of
the work. Removing the information could thus hinder the detection
of infringements or result in the distortion of computerized rights
management or fee-distribution systems. National laws may also
include exemptions from the application of these measures in certain
circumstances, such as to give effect to copyright limitations
and exceptions provided in the national law.
27
Related Rights
Related rights, also referred to as neighboring
rights, protect the legal interests
of certain persons and legal entities that
contribute to making works available to
the public or that produce subject matter
which, while not qualifying as works under
the copyright systems of all countries,
contains sufficient creativity or technical
and organizational skill to justify recognition
of a copyright-like property right.
The law of related rights deems that the
productions that result from the activities
of such persons and entities merit
legal protection as they are related to the
protection of works of authorship under
copyright. Some laws make clear, however,
that the exercise of related rights
should leave intact, and in no way affect,
the protection of copyright.
Traditionally, related rights have been
granted to three categories of benefi-
ciaries:
•	 performers;
•	 producers of sound recordings (also
referred to as phonograms); and
•	 broadcasting organizations.
Understanding Copyright and Related Rights
28
Understanding Copyright and Related Rights
The rights of performers are recognized because their creative
intervention is necessary to give life to, for example, motion
pictures or musical, dramatic and choreographic works, and
because they have a justifiable interest in the legal protection of
their individual interpretations. The rights of producers of sound
recordings are recognized because their creative, financial and
organizational resources are necessary to make sound recordings,
often based on musical works, available to the public in
commercial form, and because of their legitimate interest in
having the legal resources to take action against unauthorized
uses – be this the making and distribution of unauthorized
copies (piracy) or the unauthorized broadcasting or communication
to the public of their sound recordings. Likewise, the
rights of broadcasting organizations are recognized because
of their role in making works available to the public, and in light
of their justified interest in controlling the transmission and
retransmission of their broadcasts.
The rights of performers
are recognized because
their creative intervention is
necessary to give life to, for
example, motion pictures
or musical, dramatic and
choreographic works.
29
Understanding Copyright and Related Rights
Treaties. The first organized international
response to the need for legal protection
of these three categories of related rights
was the conclusion in 1961 of the International
Convention for the Protection of
Performers, Producers of Phonograms
and Broadcasting Organizations (Rome
Convention). While most international
conventions follow in the wake of national
legislation and are intended to synthesize
existing laws, the Rome Convention was
an attempt to establish international regulations
in a field in which few national laws
existed at the time. This meant that most
states had to draft and enact laws before
they could accede to the Convention.
Today, there is a widespread view that
the Rome Convention is out of date and
in need of revision or replacement by a
new set of norms in the field of related
rights, even though the Convention was
the basis for the inclusion of provisions
on the rights of performers, producers
of sound recordings and broadcasting
organizations in the TRIPS Agreement.
(The levels of protection granted in the
two instruments are similar, but not the
same.) For two of the categories of beneficiaries,
updated protection is now provided
by the WIPO Performances and
Phonograms Treaty (WPPT), adopted
in 1996 along with the WCT (the two are
sometimes referred to collectively as the
Internet Treaties), and the Beijing Treaty
on Audiovisual Performances (Beijing
Treaty) (adopted in 2012 but not yet in
force). Discussions continue in the WIPO
Standing Committee on Copyright and
Related Rights on a new treaty on the
rights of broadcasters.
30
Understanding Copyright and Related Rights
The rights granted in national laws to
the three types of beneficiaries of related
rights based on these treaties are generally
as follows (although not all rights may
be granted under the same law):
•	 Performers have the right to prevent
fixation (recording), broadcasting
and communication to the public of
their live performances without their
consent, and the right to prevent reproduction
of fixations of their performances
under certain circumstances.
The rights in respect of broadcasting
and communication to the public
may be in the form of equitable
remuneration rather than a right to
prevent. Due to the personal nature
of their creations, some national laws
also grant performers moral rights,
which may be exercised to prevent
unauthorized use of their name and
image, or modifications of their performances
that present them in an
unfavorable light. When the Beijing
Treaty enters into force, these rights
will extend to performers in relation
to their audiovisual performances.
•	 Producers of sound recordings
have the right to authorize or prohibit
reproduction, importation and
distribution of their sound recordings
and copies thereof, and the right to
equitable remuneration for broadcasting
and communication to the
public of their sound recordings.
•	 Broadcasting organizations have
the right to authorize or prohibit rebroadcasting,
fixation and reproduction
of their broadcasts.
Under some laws, additional rights are
granted. For example, in a growing number
of countries, a right of rental is granted
to producers of sound recordings in
respect of sound recordings, and to performers
in respect of audiovisual works.
Some countries also grant specific rights
over cable transmissions. Likewise, under
the WPPT producers of sound recordings
(as well as any other right holders of
sound recordings under national law) are
granted a right of rental. When the Beijing
Treaty enters into force, the right of rental
will be extended to performers in relation
to their audiovisual performances.
As in the case of copyright, the related
rights treaties and national laws contain
limitations and exceptions to related
rights. These limitations allow use of protected
performances, phonograms and
broadcasts, for example, for teaching,
scientific research or private use, and
use of short excerpts for reporting current
events. Some countries allow the
same kinds of limitations on related rights
as their laws provide in connection with
copyright, including the possibility of
non-voluntary licenses. Under the WPPT,
such limitations and exceptions must be
restricted to certain special cases that
neither conflict with the normal use of
the performances in sound recordings
nor unreasonably prejudice the legitimate
interests of performers or producers.
31
Understanding Copyright and Related Rights
The duration of protection of related rights under the Rome
Convention is 20 years from the end of the year in which: (a) the
recording is made, in the case of sound recordings and performances
included in sound recordings; (b) the performance took
place, in the case of performances not incorporated in sound
recordings; or (c) the broadcast took place, for broadcasts.
Under the TRIPS Agreement, the rights of broadcasting organizations
are also to be protected for 20 years from the date of
the broadcast. In the TRIPS Agreement and the WPPT, however,
the rights of performers and producers of sound recordings are
to be protected for 50 years from the date of the fixation or the
performance. The Beijing Treaty, when it enters into force, will
also provide for a term of protection of 50 years.
In terms of enforcement, remedies for infringement or violation
of related rights are in general similar to those available to
copyright owners as described above, namely: conservatory or
provisional measures; civil remedies; criminal sanctions; border
measures; and measures, remedies and sanctions against
abuses in respect of technical devices and rights management
information.
As in the case of copyright,
the related rights treaties
and national laws contain
limitations and exceptions
to related rights.
32
Understanding Copyright and Related Rights
Benefits for Developing
Countries
Finally, mention should be made of the relationship between the protection of copyright
and related rights and the interests of developing countries. Many developing
countries have vibrant, thriving cultural and creative industries in everything from
music to visual arts, to video games and films. WIPO studies have shown that the
culture and creative industries make significant contributions to developing country
economies. Without protection for copyright and related rights, the economic benefits
from these works would not always remain in or return to the country in which
they originated. Therefore, protection of copyright and related rights serves the twin
objectives of preserving and developing national culture and providing a means for
commercial exploitation in national and international markets.
The interest of developing countries in the
protection of copyright and related rights
goes beyond development of domestic
cultural industries into the realm of international
trade and development. The extent
to which a country protects IP rights
is inextricably linked to that country’s
potential to benefit from the rapidly expanding
international trade in goods and
services protected by such rights. For
example, the convergence of telecommunications
and computer infrastructure
leads to international investment in many
sectors of developing country economies,
including IP. Protection of copyright and
related rights has thus become part of
a much larger picture: it is a necessary
precondition for participation in the system
of international trade and investment.
The largely unwritten and unrecorded
cultural expressions of many developing
countries, generally known as traditional
cultural expressions or folklore,
could be protected by copyright to the
extent they are reflected in a new creative
expression, even if it is based on
a traditional legend or tale. They may
also be protected under related rights as
performances, since it is often through
performers that they are communicated
to the public. By providing for related
rights protection, developing countries
may also offer a means of protection for
the vast, ancient and invaluable cultural
expressions that are the essence of what
distinguishes each culture. Likewise, protecting
producers of sound recordings
and broadcasting organizations helps
to establish the foundation for national
industries capable of disseminating traditional
national cultural expressions within
a country and in foreign markets. The
enduring international interest in “world
music” is one example of such markets.
33
Protection of copyright
and related rights serves
the twin objectives of
preserving and developing
national culture and
providing a means for
commercial exploitation.
Understanding Copyright and Related Rights
34
Understanding Copyright and Related Rights
The Role of WIPO
WIPO is an international organization dedicated to promoting creativity and innovation
by ensuring that the rights of creators and owners of IP are protected worldwide, and
that inventors and authors are recognized and rewarded for their ingenuity.
As a specialized agency of the United
Nations, WIPO provides a forum for its
member states to create and harmonize
rules and practices for protecting IP
rights. Many member states have protection
systems that are centuries old,
although those systems may require updating
to address rapid technological
change, while other countries continue
to develop new legal and administrative
frameworks to protect their patents,
trademarks and copyright. WIPO assists
its member states in developing these
new systems through treaty negotiation,
legal and technical assistance, and training
in various forms, including in the area
of enforcement of IP rights.
The field of copyright and related rights
has expanded dramatically as technological
developments have enabled new
ways of disseminating creations worldwide
through such means as satellite
broadcasting, compact discs, DVDs, and
streaming and downloading from the Internet.
WIPO is closely involved in the
ongoing international debate to shape
new standards for copyright protection
in cyberspace.
35
Understanding Copyright and Related Rights
WIPO administers the following international
treaties on copyright and related
rights:
•	 Berne Convention for the Protection
of Literary and Artistic Works (1886)
•	 Rome Convention for the Protection
of Performers, Producers of Phonograms
and Broadcasting Organizations
(1961) (administered with ILO and
UNESCO)
•	 Geneva Convention for the Protection
of Producers of Phonograms Against
Unauthorized Duplication of Their Phonograms
(1971)
•	 Brussels Convention Relating to the
Distribution of Programme-Carrying
Signals Transmitted by Satellite (1974)
•	 WIPO Copyright Treaty (WCT) (1996)
•	 WIPO Performances and Phonograms
Treaty (WPPT) (1996)
•	 Beijing Treaty on Audiovisual Performances
(2012, not yet in force)
•	 Marrakesh Treaty to Facilitate Access
to Published Works for Persons Who
Are Blind, Visually Impaired or Otherwise
Print Disabled (2013)
The WIPO Arbitration and Mediation
Center provides services for the resolution
of international IP disputes between
private parties. Such proceedings can
include contractual disputes (such as patent
and software licenses, trademark coexistence
agreements, and research and
development agreements) and non-contractual
disputes (such as patent infringement).
The Center is also recognized as
the leading dispute resolution service
provider for disputes related to Internet
domain names.
36
Understanding Copyright and Related Rights
Further information
Further information about copyright and related rights is available
on WIPO’s website and in a range of WIPO publications.
WIPO website: www.wipo.int
The full texts of all WIPO treaties regulating
IP protection: www.wipo.int/treaties
To download WIPO publications: www.wipo.int/publications
Understanding Copyright and Related Rights
WIPO Publication No. 909E
ISBN 978-92-805-2799-5
For more information
contact WIPO at www.wipo.int
World Intellectual Property Organization
34, chemin des Colombettes
P.O. Box 18
CH-1211 Geneva 20
Switzerland
Tel:	 + 4122 338 91 11
Fax:	+ 4122 733 54 28