ing rights in developing countries" (Organizational Rules, Article 1(1)).

The Organizational Rules further provide that "such means shall in particular include, as appropriate, organizing meetings, providing advice, information, assistance and training, carrying out studies, making recommendations and preparing and publishing model laws and guidelines" (Article 1(2)).

The Joint Unesco/WIPO Consultative Committee on the Access by Developing Countries to Works Protected by Copyright (hereinafter referred to as "the Joint Consultative Committee") was set up under an agreement between WIPO and Unesco in November 1979 (1980 CR 62).

That agreement established a joint-WIPOUnesco "service" (hereinafter referred to as "the Joint Service") with the objective of facilitating access by developing countries to works protected by copyright. The twelve members of the Joint Consultative Committee are appointed by the Directors General of WIPO and Unesco.

During the first five years of its existence, the Joint Consultative Committee met twice: the first time in 1981 (1981 CR 281), and the second time in 1983 (1983 CR 280).

As already stated, both the Berne Convention and the Universal Copyright Convention were revised in 1971 (in Paris) and, as a consequence of that revision, contain similar provisions allowing. under certain circumstances, the granting of compulsory licenses, by developing countries, for reproduction and translation. Those provisions can be made use of only by such developing countries that make a declaration to that effect.

At the beginning of 1986, the year of the centenary of the Berne Convention, there were only two such countries members of the Berne Union. These were India and Mexico.

One of the purposes, if not the main purpose. of the Joint Service is to facilitate the negotiation and conclusion of publishing and translation contracts between publishers in developing countries and copyright owners who are nationals of industrialized countries. Such a facilitation of the "access" to works protected by copyright should reduce the number of cases in which recourse would otherwise have to be made to compulsory licenses provided for in the 1971 texts of the two Copyright Conventions. According to information available to WIPO, no such licenses were granted either in India or in Mexico. During the period 1980-1985, WIPO and Unesco received less than a dozen requests for its Joint Service to intervene in trying to bring about a contractual, rather than a compulsory license, solution.

Development of Human Resources. One of the principal objectives of the development cooperation activities is the development of human resources or, in other words, the conveying of knowledge about matters of copyright that should be useful both to the countries to whose nationals such knowledge is conveyed and to the individuals to whom the knowledge is conveyed.

The knowledge conveyed is, first of all, awareness of what copyright law is and why the protection of the rights of authors is good for the economy and the culture of each country. The knowledge conveyed concerns also the responsibilities that any government has in administering the copyright law of its country and the international copyright relations of that country.

The relevant information is mostly conveyed through courses, workshops, seminars and other essentially teaching meetings and through the onthe-job training of individual trainees.

The first introductory training course organized by the International Bureau was held in 1963 in Brazzaville. Two more courses were held before WIPO started functioning: one in New Delhi in 1967 and one in Geneva in 1968. Thereafter, copyright courses, workshops or seminars for essentially teaching purposes, were held each year, except in 1974. The years and the places in which they took place are the following: in 1971, Bogota: in 1972, Nairobi; in 1973, Tokyo; in 1975, Oaxtepec (Mexico); in 1976, Geneva and Sydney; in 1977, Bangkok, Geneva and Rabat; in 1978, Geneva and New Delhi; in 1979, Buenos Aires. Budapest, Stockholm and Zurich; in 1980. Munich, Bissau, Lomé, Stockholm and Zurich; in 1981, Conakry, Gisenyi, Kingston, London and Zurich; in 1982, Beijing. Budapest, Stockholm and Zurich; in 1983, Buenos Aires. Munich, Paris, Quito and Zurich; in 1984, Colombo, London, Manila, Maseru, Montevideo and Zurich; in 1985, Brasilia, Budapest, Cairo, Colombo, Cotonou, Mexico City, Nanjing (China). Stockholm and Zomba (Malawi); in 1986, San José (Costa Rica), Geneva, Paris and Zurich. For each of those 56 courses, the number of participants was between ten and 200, and the total number of participants is estimated to have been around 3,000. They were nationals of some one hundred different developing countries. Each course lasts one to three weeks. In most courses, the nationals of several or numerous countries participate together. The costs of their travel and living expenses during the course are covered by the budget of the Berne Union. Some of the courses are organized by WIPO in cooperation with governments, semi-governmental or private organizations, in which case some of the costs are borne by the co-organizer. For example, the courses in London were organized in coopera

tion with the British Copyright Council: those in Paris, with the French Government; those in Munich, with the Carl Duisberg Gesellschaft (CDG); those in Zurich, with the Swiss Society for Authors' Rights in Musical Works (SUISA); those in Budapest, with the Hungarian Bureau for the Protection of Authors' Rights (ARTISJUS); those in Stockholm, with the Government of Sweden and the Swedish International Development Authority (SIDA); those in Colombo, with the Government of Sri Lanka and the Sri Lanka Foundation.

Each year, the International Bureau writes to the governments of all the developing countries and certain intergovernmental bodies asking them to propose candidates, send information on the professional background and language ability of each candidate and identify the copyright field in which cach candidate is particularly interested. The International Bureau makes the selection.

A similar procedure is followed in what is called, in WIPO parlance, “individual training." Individual training means on-the-job training of a national of a developing country for a few weeks or months. Such training is given usually in a government office that is responsible for copyright or in an authors' society that administers copyright revenues (e.g., "performing rights' societies"). In the last 20 years of the centenary of the Berne Convention, some 60 such individual trainings were accorded.

Here is the list of those countries whose governments and those organizations which have so far contributed to the development of human resources activities of WIPO in the field of copyright. Countries: Algeria, Angola, Argentina, Australia, Austria, Belgium, Benin, Brazil, Canada, Chile, China, Colombia, Congo, Costa Rica, Côte d'Ivoire, Czechoslovakia, Ecuador, Egypt, France, German Democratic Republic, Germany (Federal Republic of), Greece, Guinea, Guinea-Bissau, Hungary, India, Italy, Jamaica, Japan, Kenya, Lesotho, Malawi, Malaysia, Mali, Mexico, Morocco, Netherlands, Nigeria, Philippines, Portugal, Rwanda, Senegal, Soviet Union, Sri Lanka, Swaziland, Sweden, Switzerland, Syria, Thailand, Togo, Trinidad and Tobago, Tunisia, United Kingdom (and Hong Kong), United States of America, Uruguay, Zimbabwe. Organizations: Algerian National Copyright Office (ONDA), Argentine Society of Authors and Music Composers (SADAIC), Argentine Center of the InterAmerican Copyright Institute, Australasian Performing Right Association (APRA), Australian Record Industry Association (ARIA), Belgian Society of Authors, Composers and Publishers (SABAM), British Broadcasting Corporation (BBC), British Copyright Council (BCC), Bureau

for Copyright in Musical Works (BUMA)(Netherlands), Carl Duisberg Gesellschaft (CDG)(Federal Republic of Germany), Copyright Agency of the USSR (VAAP), European Broadcasting Union (EBU), German Foundation for International Development (DSE)(Federal Republic of Germany). Hungarian Bureau for the Protection of Authors' Rights (ARTISJUS), International Federation of Actors (FIA). International Federation of Musicians (FIM), International Federation of Phonogram and Videogram Producers (IFPI), International Confederation of Societies of Authors and Composers (CISAC), International Publishers Association (IPA), Latin-American Integration Association (LAIA), Max Planck Institute for Foreign and International Patent, Copyright and Competition Law (Federal Republic of Germany), Mechanical Copyright Society Limited (MCPS)(United Kingdom), Musical Performing and Mechanical Reproduction Right Society (GEMA)(Federal Republic of Germany), National Union of Publishers of Phonograms and Videograms (SNEPA)(France), Performing Right Society (PRS)(United Kingdom). The Publishers' Association (United Kingdom), Society for the Administration of Neighboring Rights (GVL)(Federal Republic of Germany), Society of Authors, Composers and Music Publishers (SACEM)(France), Sri Lanka Foundation, Swedish Broadcasting Corporation (Sveriges Radio). Swedish International Development Authority (SIDA), Swedish Performing Right Society (STIM), Swiss Society for Authors' Rights in Musical Works (SUISA), Swiss Society of Performing Artists (SIG), Union of Swedish Musicians (SAMI).

The contribution of the countries or organizations consisted of one or several of the following: furnishing of teachers or lecturers, writing and reproducing of teaching materials, payment of travel costs, furnishing of meals and lodging, furnishing of conference premises and interpretation, furnishing of recreational possibilities and participation in cultural events. Many of the teachers or lecturers were professionals, lawyers in private practice, who received no remuneration for their work which they volunteered pro bono publico, In every course, one or more staff of the International Bureau is present to help in the carrying out as well as in the supervising of the program. Several of the lectures are delivered by such staff members in each course.

Advice on Legislation One of the important development cooperation activities of WIPO in the field of copyright is the furnishing of advice on legislation. What solutions are in the best interests of a given country, taking into account its eco

nomic situation, the ideology followed by its government, its cultural traditions?

Such advice is given almost exclusively by staff members of the International Bureau. The advice is largely based on the "Tunis Model Law on Copyright for Developing Countries," a model law adopted in 1976 by a committee of experts coming exclusively from developing countries (1976 CR 139 and 165) The solutions recommended by the staff of WIPO are always solutions that are compatible with the Berne Convention since the primordial task of what is also the international secretariat of the Berne Union is to make sure that those countries that are already party to the Berne Convention have copyright laws that are compatible with that Convention and that those countries that are not party to the Berne Convention adopt laws that are, or amend their laws in such a manner that such laws become, compatible with that Convention so that-when the day comes on which they wish to accede to the Berne Convention --they can do so.

Giving such legislative advice, and/or giving advice on the establishment of institutions dealing with copyright, started in the late nineteen-sixties and, by 1986, the year of the centenary of the Berne Convention, was given, always at their express request, to the Governments of the following 56 developing countries: Angola, Antigua and Barbuda, Bangladesh, Barbados, Benin, Bolivia, Burundi, Cameroon, Central African Republic, Chile, China, Colombia, Congo, Costa Rica, Côte d'Ivoire, Dominica, El Salvader, Gambia, Ghana, Grenada, Guinea, Guinea-Bissau, Honduras, Jamaica, Jordan, Lesotho, Madagascar, Malawi, Malaysia, Mali, Mauritius, Morocco, Mozambique, Niger, Philippines, Qatar, Rwanda. Saint Vincent and the Grenadines, Saudi Arabia. Senegal, Solomon Islands, Somalia, Sri Lanka, Sudan, Suriname, Syria, Tanzania, Thailand, Togo, Tonga, Trinidad and Tobago, Tunisia, United Arab Emirates, Yemen, Zaire, Zimbabwe.

Missions to Developing Countries. The first mission on copyright business to a developing country by a staff member of what was then BIRPI took place in 1963. During the 22 years that followed. that is, up to the hundredth anniversary of the Berne Convention (1986), altogether 53 developing countries were visited, on copyright business. by the Director of BIRPI, the Directors General of WIPO or the staff of BIRPI or WIPO. Such missions are not only useful but, since the International Bureau has no offices or resident representatives outside Geneva, indispensable. They allow the creation of an increased awareness in governmental circles of the importance of copyright in general and the Berne Convention in particular.

They allow the discussion, face to face, of the problems that a government has and wishes to solve in the field of copyright, such as the revision of its copyright legislation or the modernization of the administration of the rights protected by copyright. Missions also allow the gathering of personal impressions by WIPO staff members on the needs and wishes of the countries visited as far as copyright matters are concerned.

The list of the developing countries so visited between 1963 and 1986 is the following: Algeria, Angola, Argentina, Bangladesh, Barbados, Benin, Brazil. Burkina Faso, Burundi, Cameroon, Chile, China, Colombia, Congo, Costa Rica, Côte d'lvoire, Ecuador, Egypt, Ethiopia, Grenada, Guinea, Guinea-Bissau, Honduras, India, Indonesia, Jamaica, Kenya, Lesotho, Malawi, Malaysia, Mauritius, Mexico, Morocco, Pakistan, Peru, Philippines, Qatar, Rwanda, Saudi Arabia, Senegal, Sri Lanka, Sudan, Suriname, Syria, Thailand, Togo, Trinidad and Tobago, Tunisia, United Arab Emirates. Uruguay, Venezuela, Zaire, Zimbabwe.

Cooperation with Other Organizations

Copyright is one of the intellectual property rights. The proprietors of those rights are, in most countries and in the overwhelming majority of cases, individuals (the authors and their heirs) or privately owned enterprises (publishers of books. newspapers, journals, magazines; producers of motion pictures, phonograms, broadcast programs, etc.). It is, therefore, both natural and necessary for the Berne Union and the International Bureau to be in contact with those who represent the interests of the owners of copyright as well as with the representatives of those enterprises which, without being the owners of the copyright in the works, disseminate, perform, broadcast or otherwise use works as licensees of the owners. Such licensees or users are also, in most countries and in most cases, enterprises privately owned. There are, naturally, important exceptions. In some countries, publishing, and, in many countries, broadcasting, too, is owned or controlled by the government. But governments are ipso facto represented in meetings organized by WIPO

Non-Governmental Organizations. Owners of copyright. users of works protected by copyright, and lawyers of both owners and users, have numerous national. regional or worldwide organizations The present usage is to refer to such organizations-not controlled by the government

as "non-governmental,” “private” or, in the case of organizations of lawyers, as "professional."

Non-governmental organizations play an important role in the activities of the International Bureau. They are invited to send representatives to almost every meeting that WIPO convenes and services in the field of copyright, whether they are meetings of the governing bodies of WIPO or the Berne Union or meetings dealing with a specific question of the law of copyright. The latter are usually called committees of experts or working groups. Even if the meeting is that of a committee of governmental experts, representatives of nongovernmental organizations participate in it. Such representatives are called observers but they are allowed to speak in the meetings whenever they want to. The only respect in which their rights of participation are less than those of the representatives of governments is that they have no right to vote. But, then, voting happens very rarely in the meetings of the governing bodies, and there is practically never a vote in the committees of experts or working groups.

In the last ten years of the first centenary of the Berne Convention, it has become customary that once a year the Director General of WIPO invites the non-governmental organizations to an informal meeting in which only the representatives of those organizations and the Director General participate. The principal aim of those meetings is to have an exchange of views on what topics the International Bureau should propose to the governing bodies for inclusion in the program of activities of WIPO and the Berne Union.

The International Bureau automatically, regularly and free of charge, sends, through the mail, to the interested non-governmental organizations the preparatory papers of all WIPO or Berne Union meetings to which such organizations are invited.

In exchange, the non-governmental organizations usually invite the International Bureau to their meetings if such meetings deal not only with the organizations' internal administrative matters but with matters of substantive copyright law.

Most of the non-governmental organizations which are invited by the International Bureau to the meetings organized by the latter have what is called official "observer status." Such observer status is accorded to them, on the proposal of the Director General of WIPO, by the competent governing bodies of WIPO and the Berne Union. Once such observer status is accorded, it lasts until it is revoked. None has been revoked so far. The Director General of WIPO may invite, to certain meetings, as observers, non-governmental organizations even if they have no official observer

status. He has made use of such faculty from time to time, particularly in respect of non-governmental organizations that are not international or regional but national. It is to be noted that official observer status is accorded by the governing bodies only to non-governmental organizations that are international or, at least, regional

The international non-governmental organizations which have an official observer status are usually divided into three groups: organizations essentially concerned with industrial property (there were 25 of them in 1986), organizations essentially concerned with copyright and neighboring rights (there were 40 of them in 1986), and organizations concerned with both industrial property and copyright and neighboring rights (there were 12 of them in 1986).

At the beginning of 1986, the year of the centenary of the Berne Convention, the following nongovernmental organizations were in the second and third of the said three groups: Organizations essentially concerned with copyright and neighboring rights: Asia-Pacific Broadcasting Union (ABU), Council of the Professional Photographers of Europe (EUROPHOT), European Broadcasting Union (EBU), European Tape Industry Council (ETIC), Ibero-American Television Organization (OTI), Independent Film Producers International Association (IFPIA), Inter-American Association of Broadcasters (IAAB), Inter-American Copyright Institute (IIDA), International Alliance for Diffusion by Wire (AID), International Association of Authors of Comics and Cartoons (AIAC), International Association of Conference Interpreters (AIIC), International Bureau of Societies Administering the Rights of Mechanical Recording and Reproduction (BIEM), International Confederation of Societies of Authors and Composers (CISAC), International Copyright Society (INTERGU), International Council for Reprography (ICR), International Council on Archives (ICA), International Federation of Actors (FIA), International Federation of Associations of Film Distributors (EAD), International Federation of Film Producers Associations (FIAPF), International Federation of Journalists (IFJ), International Federation of Library Associations and Institutions (IFLA), International Federation of Musicians (FIM), International Federation of Newspaper Publishers (FIEJ). International Federation of Phonogram and Videogram Producers (IFPI), International Federation of Translators (FIT), International Group of Scientific, Technical and Medical Publishers (STM), International Hotel Association (IHA), International Institute of Communications ([[C), International Literary and Artistic Association (ALAI),

International P.E.N., International Publishers Association (IPA). International Radio and Television Organization (OIRT), International Secretariat for Arts, Mass Media and Entertainment Trade Unions (ISETU). International Union of Architects (JUA), International Union of Cinemas (UNIC), International Organization of Hotel and Restaurant Associations (HoReCa), International Writers Guild (IWG). Latin American Federation of Performers (LAFP), Union of National Radio and Television Organizations of Africa (URTNA), World Blind Union (WBU). Organizations concerned with both industrial property and copyright and neighboring rights: Afro-Asian Organization for Economic Cooperation (AFRASEC), European Computer Manufacturers Association (ECMA), International Association for the Advancement of Teaching and Research in Intellectual Property (ATRIP), International Chamber of Commerce (ICC), International Confederation of Free Trade Unions (ICFTU), International Confederation of Professional and Intellectual Workers (CITI), International Federation for Documentation (FID), International Law Association (ILA), International League for Competition Law (LIDC), International Organization for Standardization (ISO), Law Association for Asia and the Western Pacific (LAWASIA), Max Planck Institute for Foreign and International Patent, Copyright and Competition Law.

Intergovernmental Organizations. WIPO and the Berne Union maintain official and close relations with the United Nations and several of the specialized agencies of the United Nations system of organizations. They also maintain such relations with several regional intergovernmental organiza

tions.

As far as the Berne Union is concerned, the closest relations exist with the United Nations Educational, Scientific and Cultural Organization (UNESCO). Those relations are regulated by a working agreement concluded between WIPO and Unesco. The programs of the two Organizations in the field of copyright and neighboring rights are coordinated in the following respects. Once every two years, the Executive Committee of the Berne Union (whose secretariat is the International Bureau of WIPO) and the Intergovernmental Copyright Committee established under the Universal Copyright Convention (whose secretariat is the Secretariat of Unesco) meet, for a week,

at the same place (either in Geneva or in Paris) at the same time, and all matters that appear on the agendas of both Committees are dealt with in joint meetings of the two Committees.

Furthermore, the drafts of the future programs of WIPO and Unesco, respectively, for each twoyear program cycle are discussed between the two secretariats before those drafts are finalized for presentation to the governing bodies of WIPO and the Berne Union, on the one hand, and Unesco, on the other hand. During those discussions, the program items that the two Organizations plan to execute jointly, and those which they plan to execute separately, are identified and agreed upon.

Most of the substantive copyright law items on the program, in particular meetings of working groups or committees of experts dealing with copyright law subjects of topical interest, are items which the two secretariats propose to carry out jointly. (The decision lies, of course, with the governing bodies of each.) Such joint action means that most of the preparatory documents are published under the names of both secretariats even if the intellectual work that went into their drafting was the effort of only one of them. It further means that the meetings are convened by letters signed jointly by the Directors General of both Organizations, that the meetings are serviced by the staff of both secretariats and the draft reports on each meeting are presented under the responsibility of both secretariats.

On the other hand, all other items in the respective programs of the two Organizations are carried out separately by each secretariat. This is particularly true in respect of the development cooperation activities. Thus, for example, the courses organized and the fellowships awarded by WIPO are financed without any participation by Unesco.

The method of cooperation between WIPO and Unesco just described applies also, mutatis mutandis, to the International Labour Office in most matters concerning neighboring rights, particularly the neighboring rights of performing artists. As far as the Rome (Neighboring Rights) Convention is concerned, the cooperation is tripartite as the secretariat of the Intergovernmental Committee established under that Convention is to be furnished and is furnished by the secretariats of WIPO (the secretariat of WIPO is officially called the International Bureau of Intellectual Property). Unesco and the International Labour Organisation (called the International Labour Office).

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