13 May
2007

















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     WIPO Treaties

The Australian government has announced that the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT) will come into force for Australia on 26 July 2007.

The WCT and WPPT were concluded in December 1996 and are described as representing "an important advance in improving international copyright standards to meet the challenges posed in this digital age". Each treaty had to be ratified or acceded to by 30 countries before it entered into force.

The WCT protects literary and artistic works such as books, computer programs, music, photography, paintings, sculpture and films. The WPPT protects the rights of the producers of phonograms or sound recordings (e.g. records, cassettes, CDs), as well as the rights of performers whose performances are fixed in sound recordings.

Major obligations under the treaties were implemented in the Copyright Amendment (Digital Agenda) Act 2000 and the US Free Trade Agreement Implementation Act 2004, with minor amendments to ensure full compliance as part of the Copyright Amendment Act 2006.

Provisions currently set out in Note 2 at the end of the Copyright Act for performers' moral rights will come into operation when the WPPT enters into force for Australia as new Part IX of that Act.

In, Australia lodged three reservations in acceding to the WPPT. Those reservations allow for existing exceptions in Australian copyright law. These included one notification under article 3(3) and two notifications under article 15(3).

The notification under article 3(3) limits protection for US sound recordings in Australia, where the US does not provide reciprocal protection.

The first notification under article 15(3) ensures that the one per cent cap on payments for sound recordings played by radio broadcasters is permissible. The second notification ensures continuation of the exception in the Copyright Act allowing the public performance of sound recordings by turning up the volume on a radio or television.

The government has meanwhile endorsed a Statement of IP Principles (here) for the management of intellectual property by federal agencies. It is promoted as covering "the full range of issues relevant to effective management of IP, including procurement, record keeping, industry development and broader innovation policy, and public access".

Agencies subject to the Financial Management & Accountability Act 1997 must comply with the requirements of the Statement by 1 July 2008, although resistance to development of the statement over the past decade and questions about enforcement means that it is currenly unclear whether the document will be more than an expression of aspiration. The Attorney-General comments that

The Statement of IP Principles acknowledges the diversity of the functions, circumstances and requirements of agencies across the Australian Government and provides agencies with flexibility in its implementation.

Guidance and advice will be available to agencies soon in the form of an IP Manual for Australian Government Agencies.

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