BY LUIS C. SCHMIDT, PARTNER
COPYRIGHT WORLD ISSUE # 187, FEBRUARY 2009
-INTERNATIONAL EFFORTS TO COMBAT ILLEGAL FILE-SHARING INCLUDE THE REVISION OF THE BERNE CONVENTION BY THE WIPO. IT HAS ALSO RELEASED A COPYRIGHT TREATY AND PERFORMANCES AND PHONOGRAMS TREATY. BOTH TREATIES ADDRESS A DIGITAL AGENDA, AND SHOULD STRENGTHEN THE TECHNICAL PROTECTION MEASURES AVAILABE TO COPYRIGHT OWNERS.
-THE DIGITAL AGENDA HAS ALSO BEEN DISCUSSED AT A NATIONAL LEVEL. THIS FEATURE COMPARES MOVES IN BOTH THE US AND MEXICO.
For the past two decades, the world has dealt with complex legal questions posed by digital technologies, in particular those that enable the dissemination of copyrighted content throughout digital networks. In keeping with this, the World Intellectual Property Organization (WIPO) has revised the Berne Convention and has released the WIPO Copyright Treaty1 and the WIPO Performances and Phonograms Treaty2. Both treaties address a so-called “digital agenda”, that redefines the notion of “public communication” by inserting a “making available” right3 and that incorporates provisions that impede the deactivation of technical protection measures that copyright holders employ to prevent unauthorized use of their copyrighted works, and that protect electronic rights management information4.