Protection desired for A. Existing Protection B. Gaps D. Options Literary and Artistic Productions Copyright protection for New TCEs based on Recognition of communal contemporary expressions of TCEs are unlikely to rights traditional cultures meet the ‘originality’ requirement Communal moral rights Article 15.4 of the Berne Clarification of Article 15.4, Convention copyright Copyright law provides – Berne protection for unpublished protection to the particular works of unknown authors expression of a work, but not Domaine public payante to underlying ideas, which Orphan works may make protection of Collections, compilations and difficult databases of TCEs Resale rights “styles” Use of unfair competition No explicit communal rights Recordings and documentation principles to combat protection of TCEs misappropriation of reputation associated with Term of protection limited TCEs (“style”) Derivative works and the The and other “public domain” exceptions and limitations defensive protection of literary and artistic productions Derivative works, adaptations and defensive protection Protocols, codes of conduct, contracts and other practical Rights in recordings and tools documentation Special, stand-alone (sui generis) law Registers and databases Collective management
Protection desired for A. Existing Protection B. Gaps D. Options Literary and Artistic Productions Copyright protection for contemporary expressions of traditional cultures Article 15.4 of the Berne Convention – copyright protection for unpublished works of unknown authors Collections, compilations and databases of TCEs Recordings and documentation of TCEs New TCEs based on TCEs are unlikely to meet the ‘originality’ requirement Copyright law provides protection to the particular expression of a work, but not to underlying ideas, which may make protection of “styles” difficult No explicit communal rights protection Term of protection limited The “public domain” and other exceptions and limitations Derivative works, adaptations and defensive protection Rights in recordings and documentation Recognition of communal rights Communal moral rights Clarification of Article 15.4, Berne Domaine public payante Orphan works Resale rights Use of unfair competition principles to combat misappropriation of reputation associated with TCEs (“style”) Derivative works and the defensive protection of literary and artistic productions Protocols, codes of conduct, contracts and other practical tools Special, stand-alone (sui generis) law Registers and databases Collective management
wipo_grtkf_ic_38_7.docx