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21 Colum.-VLA J.L. & Arts 197 (1996-1997)
Copyright for the Digital Era: The WIPO Internet Treaties

handle is hein.journals/cjla21 and id is 205 raw text is: The Spring 1997 Horace S. Manges Lecture - Copyright for the Digital Era: The WIPO Internet Treaties by Dr. Mihily Ficsor INTRODUCTION The Beme Convention, after its adoption in 1886, was revised quite regularly, more or less at least every 20th year, until the twinrevisions which took place in Stockholm in 1967 and in Paris in 1971.' The revision conferences were convened, in general, in order to find responses to new technological developments (such as phonography, photography, radio, cinematography, television).2 In the 1970s and 1980s, a great number of very important new technological developments took place (reprography, videotechnology, compact cassette systems facilitating home taping, satellite broadcasting, cable television, the increase of the importance of computer programs, computer-generated works and electronic databases, etc.). For a while, the international copyright community followed the strategy of guided development,3 rather than trying to establish new international norms. This also concerned the so-called neighboring rights covered by the Rome Convention adopted in 1961, which has never been revised. The recommendations, guiding principles and model provisions worked out by the various WIPO bodies (at the beginning, frequently in cooperation with UNESCO) offered guidance to governments on how to respond to the challenges of new technolo- gies. They were based, in general, on the interpretation of the existing international norms (for example, concerning computer programs, databases, home taping, satellite * Assistant Director General, World Intellectual Property Organization (WIPO), Geneva. Copyright © 1997 by Mihly Ficsor. This article is based upon a speech given by Mr. Ficsor at the 1997 Horace S. Manges Lecture, delivered on March 6, 1997 at the Columbia University School of Law. 1. Twin revisions in the sense that the substantive provisions of the 1967 Stockholm Act did not enter into force, but they were practically included in the same way into the 1971 Paris Act - the only new substantive element of which was the Appendix concerning compulsory translation and reproduction licenses for developing countries. Thus, until the adoption of the TRIPs Agreement in April 1994 and the WIPO Copyright Treaty in December 1996, 27 and 29 years, respectively, had passed since the last real updating of the Berne Convention in response to the challenges of new technologies. 2. For example, the fillowing questions were dealt with at the various revision conferences: in 1896, mechanical reproduction; in 1908, photographic works, cinematography; in 1928, cinematography, radiodiffusion; in 1948, cinematography, radiodiffusion, mechanical reproduction; in 1967, television. 3. Sam Ricketson reftbed to this form of development in 1986 in his well-known book on the Berne Convention: In essence, 'guided development' appears to be the present policy of WIPO, whose activities in promoting study and discussions on problem areas have been of fundamental importance to international copyright protection in recent years. See SAM R IcKsON, THE BERNE CONVENTION F)R THE PROTEcTON OF LrERARY AND ARTSnc WoRKs: 1886-1986, 919 (1986).

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