🚀 go-pugleaf

In article <13140139.IMB97G4ZAV@ID-187157.news.dfncis.de>,
Tristan Miller  <psychonaut@nothingisreal.com> wrote:
>I'm currently researching an accusation that a Spanish organization has
>committed plagiarism.  The party making the accusation claims an
>infringement of the 1996 WIPO Copyright Treaty.  However, according to the
>WIPO website at http://www.wipo.int/treaties/en/documents/pdf/s-wct.pdf,
>Spain is not a contracting party to this treaty as of 4 November 2003.  In
>fact, no member of the EU is among the signatories.

In the EU, a so-called Directive was adopted that requires all
EU member states to conform to more or less the same rules
as the WIPO Copyright Treaty. Also, on 16 March 2000 the Council
decided on behalf of the EU member states to adopt this treaty
as well as the WIPO Phonograms and Performances Treaty. So,
indirectly Spain is a member.

>Can I take this as proof that this particular infringement claim is just a
>baseless threat?

It does not seem that this treaty has direct effect; that is,
I do not see how anyone could sue based on the provisions of
the treaty. Normally you sue under national law, and the states
must have brought their national law into conformity with the
treaty (or the Directives). 

The WIPO Copyright Treaty seems to be a set of general statements
about protection of computer programs, databases, and rights
management technologies. In the EU, we have directives 91/250/EC,
96/9/EC and 2001/29/EC for these items. The last one is very hotly
disputed (it is the European version of the DMCA, and in fact
both were prompted by this very WIPO treaty).

What is so special about this claim that it couldn't be based
on ordinary copyright infringement? 

>Basically, I just want to know whether the 1996 WIPO Copyright Treaty has
>any legal standing in Spain...

Looking at the decison at
http://europa.eu.int/smartapi/cgi/sga_doc?smartapi!celexapi!prod!CELEXnumdoc&lg=en&numdoc=32000D0278&model=guichett
it seems the treaty is in force in Spain by virtue of Spain
being a EU member state. Article 2 of this decision seems to
say that it has no direct effect: "Member States will have to bring
into force the measures adopted by the European Parliament and the
Council necessary to adapt the existing Community legislation to the
obligations deriving from the WCT and the WPPT."

The decision also notes the large overlap between the directives
mentioned above and this treaty.

Also see
http://www.eurunion.org/legislat/iiprop/copyrigh.htm
http://en.wikipedia.org/wiki/WIPO_Copyright_Treaty

Arnoud

-- 
Arnoud Engelfriet, Dutch patent attorney - Speaking only for myself
Patents, copyright and IPR explained for techies: http://www.iusmentis.com/