WIPO and the Digital Millenium Copyright Act

I have been asked the following questions by a UK contact regarding the Digital Millenium Copyright Act:

> Article 5 of the WIPO Copyright Treaty refers to 'the selection or
> arrangement of their contents' (databases), therefore it deals with
> copyright rather than sui generi right
>
> Article 22 states that 'No reservation to this Treaty shall be
> admitted'.
>
> Does the Article 22 not imply that signatories of the Treaty accept
> the Treaty as it stands rather than 'pick and choose'?
>
> Since the the H.R. 2652 Antipiracy Act has already been passed in May
> 1998, it then follows that those databases which are eligible for
> this protection are protected in the new digital environment.
>
> Can this be interpreted then that in the USA the protection of
> databases under this new IPR has been brought up to date whereas
> copyright in databases has not (and would have to be seeked under
> the "Berne Convention Implementation Act of 1988")

I would be grateful for any comments list members may have on these queries.

Professor Charles Oppenheim
Dept of Information Science
Loughborough University
Loughborough
Leics LE11 3TU

Tel 01509-223065
Fax 01509-223053
<c.oppenheim[_at_]lboro.ac.uk> Received on Wed Jan 06 1999 - 11:25:18 GMT