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The first question
concerned the legal basis for cinema activities in each country,
including adhesion to international treaties concerning copyright
protection and trade of cultural goods. Specifically:
Has your country ratified
international or regional agreements concerning copyright protection
and free circulation of cultural goods? For instance:
The
Florence Agreement on the Importation of Educational, Scientific
and Cultural Materials (1950; circulation of cultural goods)
Universal
Copyright Convention (Geneva, 1952), revised in Paris, 1971
International
Convention for the Protection of Performers, Producers of Phonograms
and Broadcasting Organizations (Rome, 1961)
Convention
for the Protection of Producers of Phonograms against Unauthorized
Duplication of their Phonograms (Geneva, 1971)
The
Bern Convention for the Protection of Literary and Artistic Works
(1979)
The
Nairobi Protocol (1976) to the Florence Agreement
Most Western and African
countries answered positively to these questions which are cohesive
with the official listings of signatory parties, especially in the
case of the Florence Agreement which facilitates the importation
of cultural goods to which ninety-four countries are parties. However,
Asian countries show a low participation to these conventions and
agreements.
The correspondents
also mentioned regional treaties including trade aspects for cultural
goods and services, e.g. NAFTA/ALENA
for Northern American countries and MERCOSUR in the Southern American
continent. The former Soviet Union satellite countries still mention
the treaties signed in the context of the COMECON Community, and
several correspondents in Western Europe mentioned European
Union (compulsive) directives.
The following countries
have adhered to all the above-mentioned treaties: Bahrain, Canada,
Czech Republic, France, Kenya and Luxembourg.
The questionnaire mentioned
only the traditional treaties. However, in 1996 the World
Intellectual Property Organization (WIPO) proposed two new texts,
the Treaty on the Interpretation and Execution of Phonograms and
the Treaty on Copyright. These are known as the Internet Treaties,
and in the process of being ratified. In addition, the Millennium
Round trade negotiations led by the World
Trade Organization (WTO, former GATT), after a difficult start,
will include negotiations on the exchange of cultural goods in the
years to come. At stake are concepts like the very existence of
a national cinematography and fair protection for authors in harmony
with free public access for which governments are committed to assume
responsibility.
Last
update 02/10/01
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