Rights Management Information. In order to provide adequate and effective legal remedies to protect rights management information:
Rights Management Information. 1. Each Party shall provide adequate and effective legal remedies against any person knowingly performing any of the following acts knowing, or with respect to civil remedies having reasonable grounds to know, that it will induce, enable, facilitate or conceal an infringement of copyright and related rights:
Rights Management Information. Each Party shall provide adequate and effective legal remedies against any person knowingly performing any act, in accordance with Article 12 of the WCT and Article 19 of the WPPT, knowing, or with respect to civil remedies having reasonable grounds to know, that it will induce, enable, facilitate or conceal an infringement of any right covered by the Berne Convention, the WCT, or the WPPT.
Rights Management Information. Pursuant to Article 12, Treaty adherents must provide ''adequate and effective legal remedies against any person knowingly performing'' prohibited acts relating to the removal or alteration of electronic rights management information. This obligation extends only to rights management information in electronic form. By implication, the remedies could be criminal or civil. In the case of civil remedies, protection should apply against someone who has reasonable grounds to know that he or she has engaged in a prohibited act. ''Rights management information'' (RMI) means information that identifies the work, the author, the rights holder, or discloses terms and conditions concerning use of the work. The intent is to facilitate widespread use of this information by rights holders in order to make licensing of works, or permission to use works, more readily available to the public. The Diplomatic Conference adopted an ''agreed statement'' concerning the interpretation of Article 12. First, the Conference expressed an ''understanding'' that the reference to ''infringement of any right covered by this Treaty or the Berne Convention'' encompasses both exclusive rights and rights of remuneration. As a second ''understanding,'' the Conference stated the Contracting Parties will not use Article 12 to devise or implement RMI systems that would have the effect of imposing formalities, prohibiting the free movement of goods, or impeding the enjoyment of rights under the Treaty.
Rights Management Information. Pursuant to Article 19, Treaty adherents must provide ''adequate and effective legal remedies against any person knowingly performing'' prohibited acts relating to the removal or alteration of electronic rights management information. This obligation extends only to rights management information in electronic form. By implication, the remedies could be criminal or civil. In the case of civil remedies, protection should apply against someone who has reasonable grounds to know that he or she has engaged in a prohibited act. ''Rights management information'' (RMI) means information that identifies the performer, the performance of the performer, the producer of the phonogram, the phonogram, the owner of any right in the performance or phonogram, or discloses the terms and conditions of use. The intent is to facilitate widespread dissemination of this information by rights holders in order to make licensing of performers' or producers' rights more readily available to the public. In another incorporation by reference from the WIPO Copyright Treaty, the Diplomatic Conference adopted the Copyright Treaty's agreed statement concerning its rights management article. That is, the agreed statement concerning Article 12 of the Copyright Treaty applies mutatis mutandis also to Article 19 of the Performances-Phonograms Treaty. The agreed statement includes two understandings. First, the reference to ''infringement of any right covered by this Treaty'' encompasses both exclusive rights and rights of remuneration. Second, the Member States will not use Article 19 to devise or implement RMI systems that would have the effect of imposing formalities, prohibiting the free movement of goods, or impeding the enjoyment of Treaty rights. [15]
Rights Management Information. Each Party shall provide adequate and effective legal remedies against any person knowingly performing any act, in accordance with Article 12 of the WCT and Article 19 of the WPPT, knowing, or with respect to civil remedies having reasonable grounds to know, that it will induce, enable, facilitate or conceal an infringement of any right covered by the Berne Convention, the WCT, or the WPPT. 1 For the purposes of this Article, “technological measures” means any technology, technical devices or their components controlling access to the works, performances or phonograms that are used by authors, performers or producers of phonograms and that restrict acts, in respect of their works, performances or phonograms which are not authorized by the right holders or permitted by law.
