FTAA - Free Trade Area of the Americas
Chapter on Intellectual Property Rights
Article XX. [Copyright.] [Protectable Subject Matter]
[1. Copyright protection shall cover:
Literary or artistic works, regardless of genre, and of whatever mode or form of expression, quality or purpose. In particular, written works including computer programs, lectures, addresses, sermons and orally expressed works; musicals with or without lyrics, dramatic and dramatico-musical works, choreographies and pantomimes, audiovisual works, fine arts such as drawings, paintings, sculptures, etchings, lithographs, and architectural drawings; photographs; works of applied art; illustrations, maps, plans, sketches and three-dimensional works, relating to geography, topography, architecture or the sciences.
Copyright shall protect authors of literary, artistic and programming works. It also protects artist-interpreters or performers, producers of phonograms and broadcasting organizations.]
[1. Each Party shall protect [the economic and moral rights of the authors of] the works covered by Article 2 of the Berne Convention, including any works that embody an original expression, within the meaning given to that term in such Convention.] [, such as, computer programs (software), or the compilation of data which by reason of the selection or arrangement of their contents constitute intellectual creations.]
[1.The provisions of Articles 9(1) of the TRIPs Agreement shall apply mutatis mutandis.
Copyright protection shall extend to expressions and not to ideas, procedures, methods of operation or mathematical concepts.]
[2. Article 10 (1) (of the TRIPS) shall apply, mutatis mutandis, in relation to computer programs.]
[2. The Parties agree that the protection conferred on computer programs is that provided in Section 1 of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS).]
[2. Computer programs (software), whether in source or object code, shall be protected as literary works under the Berne Convention.]
[3. Compilations of data or other material, whether in machine readable or other form, which by reason of the selection or arrangement of their contents constitute intellectual creations, shall be protected as such. Such protection, which shall not extend to the data or material itself, shall be without prejudice to any copyright subsisting in that data or material itself.]
[3. The protection of compilations of data shall not extend to the data or material itself, or prejudice any copyright subsisting in that data or material.]
[4. Each Party shall grant protection to rights on:
fictitious or symbolic characters in literary works, comic strips or in any periodic publication, when same are recognizably original and are habitually or periodically used;
a) titles or headlines of newspapers, magazines, newsreels and, in general, all publications or periodic dissemination;
c) human characters used in artistic performances, artistic names, as well as stage names;
d) original graphic characteristics that are different from the work or collection in its use; and
characteristics of publicity campaigns when recognizably original, except commercial notices.
The term of protection of these rights shall be determined by the legislation of each Party.]
[5. The following are not subject to copyright:
a) ideas, regulatory procedures, methods, systems, mathematical designs or concepts
b) outlines, plans or rules for conducting mental processes, games or business,
c) blank forms to be completed with any type of information, scientific or otherwise, and instructions thereon;
d) texts of treaties or conventions, laws, decrees, regulations, judicial decisions, and other official records;
e) information for everyday use such as calendars, diaries, official land registers, or diaries, and keys;
f) individual names and title;
g) industrial or commercial exploitation of the ideas in the work]
[6. Each Party shall grant the authors and their [successors in interest] [successors in title] those rights enumerated in the Berne Convention in respect of works covered, including the right to authorize or prohibit:
Article XX. [Right of reproduction]
[a) graphic edition;]
[b) the translation of any language or dialect;]
[c) the adaptation and inclusion in phonograms, videograms, cinematographic works and other audiovisual works;]
d) communication [of a work] to the public;
[e) the reproduction by any means or in any form;]
f) the first public distribution of the original and each copy of the work by sale, rental [loan] or otherwise;
g) the importation into the territory [of their country] [of a Party] of copies of the work made without the authorization of the right holder
[h) any use, process or system known or to be known.] ]
[1. Reproduction is understood to be the fixation of the work in a medium that permits it to be communicated or to copy all or part of the work, by any means or process.]
[1. The realization, by any medium, of one or more copies of a work, phonogram, or of a sound or audiovisual fixation, either total or partial, permanent or temporary, on any type of material base, including storage by electronic media.]
[1. Reproduction includes any act designed to accomplish, in any manner or through any procedure, the material fixation of the work, or to obtain copies of all or part thereof; among other means, by printing, drawing, sound recording, photography, modeling , or through procedures using graphic or visual arts, as well as by mechanical, electronic, phonographic or audiovisual recording methods.]
[2. The author, or his successors in title where applicable, shall have the exclusive right to carry out, authorize or prohibit the reproduction of the work by any means or process.]
[2. Authors of literary and artistic works shall enjoy the exclusive right of authorizing the reproduction of their works by any procedure and in any manner, including by digital means.
Parties may determine that the right of exclusivity of reproduction shall not be applicable when that reproduction is temporary and merely for the purpose of making the work perceptible on electronic media or when it is transitory or incidental, provided not occurring during the course of use of the work duly authorized by the owner.]
[2. Each Party shall provide that authors, performers and producers of phonograms and their successors in interest have the right to authorize or prohibit all reproductions, in any manner or form, permanent or temporary (including temporary storage in electronic form).]
Article XX. [Right of distribution]
[1. Distribution to the public: any act by which the copies of a work are offered directly or indirectly to the general public or to a part thereof;
Distribution to the public through sale, rental, public loan or any other transfer of the ownership or possession of the original of the work, or copies thereof that have not been subject to distribution authorized by the author.
The rental of a copy of an audiovisual work, of a work contained in a soundtrack, or of a computer program, regardless of the ownership of the copy.]
[1. Right of distribution includes the right of authors to authorize or prohibit the making available to the public of the original or copies of their work through sale or other transfer of ownership, rental or any other transfer for profit. However, when the authorized transfer of the original or copies occurs through sale, this right is extinguished, except in the case of profit-sharing rights or
droit de suite; however, the owner of the economic rights retains the right of modification, public communication, reproduction, and the right to authorize or prohibit the rental of the original or copies.]
[2. [Authors of literary and artistic works shall enjoy]
[Each Party shall provide to authors, to performers and to producers of phonograms and to their successors in interest]
[the exclusive right of authorizing the making available to the public of the original and copies of their works [and phonograms] through sale or other transfer of ownership [of the original or of a copy of the work with the authorization of the author.] .]
[3. Nothing in this Agreement shall affect the freedom of Parties to determine the conditions, if any, under which the exhaustion of the rights in paragraph 1 applies after the fist sale or other transfer of ownership of the original or copies of the works with the authorization of the author. [Parties shall undertake to reexamine their national legislation within a period not exceeding 5 years from the entry into force of this Agreement to adopt, at a minimum, the principle of regional exhaustion in regards to countries signatories to this Agreement.] ]
[4. Each Party shall provide to authors, to performers, to producers or phonograms and to their successors in interest the right to authorize or prohibit the importation into each Party’s territory of copies of the work, performance, or phonogram, including where the imported copies were made with the authorization of the author, performer or producer of the phonogram or their successors in interest.]
Article XX. [Rental Rights] [Right of Rental]
[Authors of literary and artistic works shall enjoy the exclusive right of authorizing the commercial rental to the public of the originals or copies of their works.]
[In respect of, at least, computer programs [and cinematographic works]
Parties shall provide authors
[and their successors in title] [and their successors in interest] [, successors in interest and other right holders,]
the right to authorize or prohibit the commercial rental to the public of original or copies of their copyright works.]
[A Party shall be excepted from this obligation in respect to cinematographic works, unless such rental has led to widespread copying of such works which is materially impairing the exclusive rights of reproduction conferred in that Party on authors, their [successors in title.] [successors in interest and other right holders.] ]
[In respect of computer programs, this obligation does not apply to rental where the program itself is not the essential object of the rental.]
[To sell or lease copies of an audiovisual work, or to make amplifications or reductions in its format for display purposes; and, to authorize translations and other adaptations or modifications of the work and use them, as necessary, for the better economic exploitation thereof, and take action before the competent jurisdictional bodies against any unauthorized reproduction or exhibition.]
Article XX. [Right of Participation
Authors of works of art and their successors have the unalienable right to participate in the successive sales made in relation to the work, either in public auction or through a professional art dealer. The Parties shall regulate this right.]
Article XX: [Right of communication to the public]
[1. The author, or his successors in title where applicable, shall have the exclusive right to carry out, authorize or prohibit the communication of the work to the public by any means serving to convey the words, signs, sounds or images thereof.
Communication to the public shall be understood to mean any act by which two or more persons, whether or not gathered together in the same place, may have access to the work without the prior distribution of copies to each one of them, and especially the following
a) stage presentations, recitals, dissertations and public performance of dramatic, dramatico-musical, literary and musical works, by any means or process;
b) the public projection or display of cinematographic or other audiovisual works;
c) the concept of transmission shall likewise include the sending of signals from a ground station to a broadcasting or telecommunication satellite;
the transmission of any work by broadcasting or by any other means of wireless dissemination of signs, sounds or images;
d) the transmission of works to the public by wire, cable, optic fiber or other comparable means, whether free or by subscription;
e) the retransmission, by any of the means specified in the foregoing subparagraphs, and by a broadcasting organization different from the original one, of the work broadcast by radio or television;
f) the emission or transmission in or to a place accessible to the public and by means of any appropriate apparatus, of a work broadcast by radio or television;
g) the public display of works of art or reproductions thereof;
h) public access to computer data bases by telecommunication, by means of telecommunication, when said data bases incorporate or constitute protected works;
i) in general, the dissemination of signs, words, sounds or images by any known or future process.]
[1. Public representation or performance means any representation, diffusion, interpretation or performance carried out in theaters, cinemas, concert halls, dance halls, restaurants, social clubs, sport or recreation clubs, shops, commercial establishments, industries and banks, hotels, means of transport, stadiums, gymnasiums, amphitheaters, radio and television, and all those carried out outside the private domicile, whether or not for direct or indirect profit, and either with participation by artist-interpreters or performers or through phono-mechanical processes audiovisual or electronic.]
[2. Authors of literary and artistic works shall enjoy]
[2. Without prejudice to the provisions of Articles 11(1)(ii), 11bis(1)(i) and (ii), 14(1)(ii), and 14bis(1) of the Berne Convention, each Party shall provide to authors, to performers and to producers of phonograms and to their successors in interest]
[the exclusive right to authorize [any] [or prohibit the] communication to the public of their works [,performances or phonograms] by wire or wireless means, including the making available to the public of their works [, performances and phonograms] in such a way that members of the public may access them from a place and at a time individually chosen by them.]
[3. This right may be subject, in the case of performers and producers of phonograms, to national exceptions or limitations for traditional free over-the-air broadcasting and further, with respect to other non-interactive transmissions, may be subject to national limitations in certain special cases as may be set forth in national law or regulations, provided that such limitations do not conflict with a normal exploitation of performances or phonograms and do not unreasonably prejudice the interests of such rightholders.]
[4. The mere provision of physical facilities for enabling or making a communication does not in itself amount to communication to the public.]
[5. The different modalities of using literary or artistic works or phonograms are independent of each other, the authorization granted by the author or by the producer, respectively, shall not extend to any other uses.]
Article XX: [Moral rights]
[1. The author shall have the inalienable, unattachable, imprescriptible and unrenounceable right:
[1. Independently of the author’s economic rights, and even after the transfer of said rights, the author shall retain over the work an extremely personal right, which is inalienable unrenounceable and unprescriptable. This is known as moral right.
a) to keep the work unpublished or to disclose it;
b) to claim authorship of the work at any time; and
c) to object to any distortion, mutilation or other modification of the work that is prejudicial to the integrity thereof or to the reputation of the author.]
The moral right of the author includes the following:
1. To claim authorship of the work, at any time and in any place, and in particular have his or her name or pseudonym mentioned as author thereof, in all its reproductions and uses;
2. To object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his or her honor or reputation, or cause the work to lose literary, academic, artistic scientific merit.
3. To keep the work unpublished or anonymous, and be able to postpone its publication even after his or her death;
4. To make successive changes to the work; and,
5. To withdraw from circulation or suspend any unauthorized form of the use of his or her work.]
[1. Independently of the author's economic rights, and even after the transfer of the said rights, the author shall have the right to claim authorship of the work and to object to any distortion, mutilation or other modification of, or other derogatory action in relation to, the said work, which would be prejudicial to his honor or reputation.]
[1. Moral rights shall be inalienable, unattachable, unrenounceable and imprescriptible. The author shall have the following moral rights:
[2. On the author’s death, the exercise of moral rights shall pass to his successors in title. Once the economic rights have expired, the State or designated agencies shall assume the defense of the authorship and integrity of the work.]
a) The power to determine whether the work will be totally or partially disseminated and, as appropriate, the manner in which such dissemination is carried out.
b) The right to be recognized as such, to determine that the work carries the appropriate indications, and to determine whether it shall be disseminated with his name, with a pseudonym or sign, or anonymously.
c) The right to prohibit any person who acquires the work’s physical support medium from distorting, modifying or altering it in any manner that could jeopardize the decorum of the work or the reputation of the author.
d) The right to require the owner of a single copy of the work to grant access thereto, in the manner most suitable to the interests of both parties, for the purpose of exercising his other moral or ownership rights.
e) The right to stop the transfer or demand the withdrawal of the work from the market.]
[2. The rights granted to the author in accordance with the preceding paragraph 1 shall, after his death, be maintained, at least until the expiry of the economic rights, and shall be exercised by the persons or institutions authorized by the legislation of the Parties where protection is claimed.
Those Parties whose legislation, at the moment of their ratification of or accession to this Act, does not provide for the protection after the death of the author of all the rights set out in the preceding paragraph may provide that some of these rights may, after his death, cease to be maintained.]
[2. On the death of the author, the moral rights shall be exercised by his successors. Upon the exhaustion of such ownership rights, the paternity of the author shall be exercised by the State.]
[3. National legislation of the Parties may recognize other moral rights.]
[4. The procedural means of redress for safeguarding the rights granted by this Article shall be governed by the legislation of the country where protection is claimed.]
Article XX. Term of protection
[1. The term of protection granted by this Agreement shall be the life of the author and fifty years after his death.]
[1. The protection granted pursuant to this Article shall last for the life of the author. After his death, anyone who has legitimately acquired the rights shall enjoy them for a term of at least   years.]
[1. The term of protection granted to the author of literary or artistic works by this Agreement shall be no less than fifty years, calculated from the first of January of the year after his death.]
[1. Copyright shall last for the life of the author and extends at least fifty years after his death]
[1. Economic rights shall last for the life of the author plus eighty (80) years following the death of the author, and shall be transmitted, as a result of death, pursuant to the provisions in force in each of the Parties.
The work shall enter the public domain upon extinction of the economic rights. Works in the public domain may be used by any interested party, provided that the paternity of the author and the integrity of the work are respected.]
[1. Each Party shall provide that:
(-) where the term of protection of a work (including a photographic work), performance or phonogram is to be calculated on the basis of the life of a natural person, the term shall be not less than the life of the author and 70 years after the author’s death; (…)]
[2. The term of protection referred to in paragraph 1 of this article applies to posthumous works.]
[3. When a literary or artistic work is realized by joint-authorship that is indivisible, the term set forth in paragraph 1 of this article shall be calculated from the death of the last surviving author.]
[3. In collaborative works, this period of time shall be calculated from the date of death of the last co-author.]
[4. The Parties may provide, in accordance with the Berne Convention for the Protection of Literary and Artistic Works, that the term of protection for certain works shall be computed from the date of the making, disclosure or publication thereof.]
[5. Where the ownership of the rights accrues to a legal entity, the term of protection shall be no less than 50 years from the making, disclosure or publication of the work, as the case may be.]
[6. The term of protection shall be computed from January 1 of the year after the death of the author or that of the making, disclosure or publication of the work, as appropriate.]
[7. Anonymous and pseudonymous works: either seventy-five (75) years from the date on which the work was lawfully published for the first time; or, if this has not happened within seventy-five (75) years from the end of the calendar year in which the work became available to the public, or if neither such event has occurred during the seventy-five (75) years following production of the work, then seventy-five (75) years from the end of the calendar year of its production. If, before said period expires, the author’s identity is revealed or is no longer in doubt, the provisions corresponding to the known author shall apply.]
[7. The term of protection in the case of anonymous or pseudonymous works shall be no less than 50 years, calculated from the first of January of the calendar year immediately following the year of initial publication.]
[8. Joint audiovisual works: by virtue of the work relationship involved, the seventy-five (75) year protection term shall be counted from the date on which the work was published for the first time; or, if this has not happened within seventy-five (75) years from the end of the calendar year in which the work became available to the public, or if neither such event has occurred during the seventy-five (75) years following production of the work, then seventy-five (75) years from the end of the calendar year of its production.]
[8. In collective works and those owned by a juridical person, the economic right shall not be less than 50 years from its initial publication or, failing this, from its making or dissemination.]
[9. Whenever the term of protection of a work [, other than a photographic work or a work of applied
art] ,is calculated on a basis other than the life of a natural person, such term shall be no less than [50 years] [70 years] [75 years] from the end of the calendar year of the authorized publication [or dissemination of the work] or,]
[failing such authorized publication within 50 years from the making of the work, 50 years from the end of the calendar year of making.]
[ failing such authorized publication, [75 years][70 years] from the end of the year of the making of the work.]
[9. Each Party shall provide that:
(-) where the term of protection of a work (including a photographic work), performance or phonogram is to be calculated on a basis other than the life of a natural person, the term shall be not less than 95 years from the end of the calendar year of the first authorized publication of the work, performance or phonogram or, failing such authorized publication within 25 years from the creation of the work, performance or phonogram, not less than 120 years from the end of the calendar year of the creation of the work, performance or phonogram.]
[10. Works of applied art: counted from the end of the calendar year of their production; ]
[11. Photographic works: fifty (50) years from the end of the calendar year of their production.]
[12. The duration of the intellectual property rights of performers, producers of phonograms and broadcasting organizations, shall be seventy-five (75) years, from:
1. The end of the year of fixation, in the case of phonograms and performances recorded thereon;
2. The end of the year of the performance in the case of performances that are not recorded on phonogram; and,
3. The end of the year of the broadcast in the case of broadcasting organizations.]
[12. The term of protection available to performers and producers of phonograms shall last at least until the end of a period of 50 years, from the end of the calendar year in which the fixation was made or the performance took place.
The term of protection granted to broadcasting organizations shall last for at least 25 years, from the end of the calendar year in which the broadcast took place.]
Article XX. [Limitations and exceptions]
[1. The Parties may establish limitations and exceptions to Copyrights, which shall be confined to those cases that do not conflict with a normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the right holder.]
[1. Parties may provide, in their domestic legislation, exceptions and limitations to rights conferred on authors of literary or artistic works provided for in this Title in certain special cases that do not conflict with the normal exploitation of the work and do not unreasonably prejudice the legitimate interests of the author.]
[1. [Parties] [Each Party] shall confine limitations or exceptions [to exclusive rights] [to copyright or related rights] [to rights set forth in this article]
to certain special cases which do not conflict with a normal exploitation of the work [, performance or phonogram,] and do not unreasonably prejudice the legitimate interests of the right holder.]
[2. It shall be lawful, without the authorization of the author and without payment of any remuneration, to do the following:
a) quote published works in another work, provided that the source and the name of the author are given, and on condition that the quotations are made in accordance with fair practice and to the extent justified by the purpose;
b) reproduce by reprographic means for teaching or for the holding of examinations in educational establishments, to the extent justified by the purpose, articles lawfully published in newspapers or magazines, or brief extracts from lawfully published works, on condition that such use is made in accordance with fair practice, that it does not entail sale or any other transaction for payment and that no profit-making purposes are directly or indirectly pursued thereby;
c) reproduce a work in single copies on behalf of a library or for archives whose activities are not conducted for any direct or indirect profit-making purposes, provided that the original forms part of the permanent collection of the said library or archives and the reproduction is made for the following purposes:
i) preserve the original and replace it in the event of loss, destruction or irreparable damage;
ii) replace, in the permanent collection of another library or archives, an original that has been lost, destroyed or irreparably damaged;
d) reproduce a work for the purposes of judicial or administrative proceedings, to the extent justified by the purpose;
e) reproduce and distribute through the press, or transmit by broadcasting or public cable distribution, articles on topical subjects and commentaries on economic, political or religious subjects published in newspapers or magazines, or broadcast works of the same nature, insofar as reproduction, broadcasting or distribution to the public have not been expressly reserved;
f) reproduce and make available to the public, in connection with the reporting of current events by means of photography, cinematography, broadcasting or cable distribution to the public, works seen or heard in the course of such events, to the extent justified by the purpose of the information;
g) reproduce in the press or by broadcasting or transmission to the public political speeches and also dissertations, addresses, sermons, speeches delivered in the course of judicial proceedings or other works of similar character presented in public, for the purpose of reporting current events, to the extent justified by the purpose and subject to the right of the authors to publish collections of such works;
h) undertake the reproduction, transmission by broadcasting or cable distribution to the public of the image of an architectural work, work of fine art, photographic work or work of applied art located permanently in a place open to the public;
i) In the case of broadcasting organizations, make ephemeral recordings using their own facilities and for use in their own broadcasts of a work in respect of which they have the right of broadcasting. The broadcasting organization shall be obliged to destroy the recording within the time or under the circumstances provided for in national legislation;
j) effect the performance of a work in the course of the activities of an educational institution, by the staff and students of the said institution, provided that no charge is made for admission and no direct or indirect profit-making purpose is pursued, and that the audience consists solely of the staff and students of the institution or relations or guardians of students and other persons directly associated with the activities of the institution;
k) in the case of a broadcasting organization, make a transmission or retransmission of a work originally broadcast by it, provided that the public transmission or retransmission occurs at the same time as the original broadcast and the work is broadcast or transmitted publicly without any change.]
[2. The following shall be considered lawful acts, not requiring authorization from the copyright holder and not requiring payment, but with the obligation to mention the source and name of the author, when these are indicated in the work:
1. To reproduce and distribute in printed or broadcast form, or by cable transmission, information, news and articles about current affairs, in cases where reproduction, broadcast or public communication has not been expressly prohibited;
2. To reproduce and make available to the public, as information relating to current events through photography, audiovisual work, broadcasting or cable transmission, fragments of works seen or heard in the course of such events, as justified by the purpose of the information; and,
3. To make use of, through any public communication medium, political or legal speeches, dissertations, addresses, sermons and other similar works, pronounced in public for information purposes, on events of current affairs, with their authors retaining exclusive right to publish them for other purposes.
4. With regard to works already lawfully published, the reproduction of one copy of the work for the personal and exclusive use of the user, made by the interested party, using his or her own means, shall be permitted without authorization from the author and without remuneration.
5. Also legal are photomechanical reproductions such as photocopies and microfilm, made for exclusive personal use, provided these are limited to small parts of protected works or to works that are out of print.
6. When it is impossible to acquire a copy in reasonable condition, public libraries may reproduce the work for the exclusive use of their readers, and as necessary.
7. For the purposes of its conservation and for the lending service between public libraries, one copy of protected works deposited in their archive collections that are out of print. Such copies may also be reproduced, in a single copy by the library that receives them, as necessary for their conservation, and with a sole purpose of being used by their readers, on condition that the act of reprographic reproduction is an isolated event, which if repeated shall occur on isolated and unrelated occasions.
8. Reprographic reproduction of articles, lectures, lessons, and short extracts or short lawfully published works is permitted for teaching purposes or for use in examinations in educational establishments, provided such reproduction is not for profit and is limited to the quantity justified by the objective being pursued, and on condition that such use is done in accordance with honest uses.
9. Free reproduction is permitted of a single manuscript or typewritten copy made personally or exclusively by the interested party, of an educational or scientific work, for his or her own use, and not for profit, either direct or indirect.
10. Works of art permanently displayed in streets, squares and other public places, may be lawfully reproduced by means of an art other than that used in producing the original. In the case of buildings, this faculty is restricted to the external facade.
11. A computer program may lawfully be reproduced in a single copy, exclusively for backup or security purposes; and a computer program may lawfully be introduced into the internal memory of a computer, for exclusive use by the user.
12. Laws, regulations, agreements and other provisions emanating from the corresponding State bodies, can be published individually or in collections by private individuals, provided their full official text is respected. They may also be inserted without authorization in newspapers, and in works, which, in view of their nature or purpose, it is convenient to cite, comment on, criticize or copy them in verbatim form.]
[3. Each Party shall apply the provisions of Article 18 of the Berne Convention for the Protection of Literary and Artistic Works (and Article 14.6 of the TRIPS Agreement),
mutatis mutandis, to the subject matter, rights and obligations provided for in this Agreement.]
Article XX. [Rights conferred to copyright and related rights]
[Each party shall provide that for copyright and related rights:
a) any person acquiring or holding [any] economic rights may freely and separately transfer such rights [in any form] [by contract] [for the purposes of exploitation and enjoyment by the assignee]; and,
b) any person acquiring or holding [any] such economic rights [by virtue of a contract, including contracts of employment underlying the creation of [any type of] works and phonograms, ]
shall be able to exercise those rights in its own name and enjoy fully the benefits derived from those rights.]
[No Party may grant translation and reproduction licenses permitted under the Appendix to the Berne Convention where legitimate needs in that Party’s territory for copies or translations of the work could be met by the right holder’s voluntary actions but for obstacles created by the Party’s measures.]