Monday, December 05, 2005

Matrix on different ways to implement WCT



According to WIPO Paper SCCR/10/2 (separate matrix for each country but I just put it together to compare)

The WIPO treaties only require "adequate and effective protection against circumventing ACTS" and only with respect to measures used to protect authors' exercise of their COPYRIGHT RIGHTS under Berne, the WCT and WPPT. The DMCA exceeds the minima of the WIPO treaties to separatly prohibit both circumventing acts and circumventing products and with respect to both "access control" and "copyright controls" technological measures used to protect a copyrighted work

Matrix here shows differences between countries:

Access Control Technological measure
Act of circumvention: US Prohibited ( 1201 (a) (1); EU Prohibited (Art 6 (1); Australia Not Prohibited; Japan Not Prohibited
Circumvention tools: US Prohibited (1201 (a) (2); EU Prohibited (Art 6 (2); Australia Prohibited (s 10 (1); s 116A); Japan Prohibited (Art 2 (1)xi Unfair Competition Prevention Law)

Copyright Control Technological Measure
Act of Circumvention: US Not Prohibited (by DMCA); EU Prohibited (Art 6 (1); Australia Not Prohibited;Japan Not Prohibited
Circumvention tools: US Prohibited (1201 (b); EU Prohibited (art 6 (2); Australia Prohibited (s 10 (1); s 116A); Japan Prohibited (Art 120bis Copyright Law; Art 2(1)(x)Unfair Competition Prevention Law

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