Legal

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The emergence of new digital information technologies, such as the Internet, has had a significant impact on copyright and related rights, and the copyright industries such as music, film and software throughout the world.

The international copyright laws have been updated for the digital age through the WIPO Copyright Treaty (WCT) and WIPO Performances and Phonograms Treaty (WPPT), collectively known as the “WIPO Internet Treaties” and the ongoing work of the Standing Committee on Copyright and Related Rights, in the field of protection of audiovisual performers and broadcasting organizations.

Summary of the WIPO Copyright Treaty (WCT) (1996)

The WCT is a special agreement under the Berne Convention. Any Contracting Party (even if it is not bound by the Berne Convention) must comply with the substantive provisions of the 1971 (Paris) Act of the Berne Convention for the Protection of Literary and Artistic Works (1886) . Furthermore, the Treaty mentions two subject matters to be protected by copyright,

(i) computer programs, whatever may be the mode or form of their expression, and
(ii) compilations of data or other material (“databases”), in any form, which by reason of the selection or arrangement of their contents constitute intellectual creations. (Where a database does not constitute such a creation, it is outside the scope of this Treaty.)

As to the rights of authors, the Treaty deals with three:

(i) the right of distribution,
(ii) the right of rental, and
(iii) the right of communication to the public.

Each of them is an exclusive right, subject to certain limitations and exceptions. Not all of the limitations or exceptions are mentioned in the following:

* the right of distribution is the right to authorize the making available to the public of the original and copies of a work through sale or other transfer of ownership,
* the right of rental is the right to authorize commercial rental to the public of the original and copies of three kinds of works:
(i) computer programs (except where the computer program itself is not the essential object of the rental),
(ii) cinematographic works (but only in cases where commercial rental has led to widespread copying of such works materially impairing the exclusive right of reproduction), and
(iii) works embodied in phonograms as determined in the national law of the Contracting Parties (except for countries that since April 15, 1994, have in force a system of equitable remuneration for such rental),
* the right of communication to the public is the right to authorize any communication to the public, by wire or wireless means, including “the making available to the public of works in a way that the members of the public may access the work from a place and at a time individually chosen by them.” The quoted expression covers in particular on-demand, interactive communication through the Internet.

The Treaty obliges the Contracting Parties to provide legal remedies against the circumvention of technological measures (e.g., encryption) used by authors in connection with the exercise of their rights and against the removal or altering of information, such as certain data that identify works or their authors, necessary for the management (e.g., licensing, collecting and distribution of royalties) of their rights (“rights management information”).

The Treaty obliges each Contracting Party to adopt, in accordance with its legal system, the measures necessary to ensure the application of the Treaty. In particular, the Contracting Party must ensure that enforcement procedures are available under its law so as to permit effective action against any act of infringement of rights covered by the Treaty. Such action must include expeditious remedies to prevent infringement and remedies which constitute a deterrent to further infringements.

The Treaty establishes an Assembly of the Contracting Parties whose main task is to deal with matters concerning the maintenance and development of the Treaty, and it entrusts to the Secretariat of WIPO the administrative tasks concerning the Treaty.

The Treaty entered into force on March 6, 2002. The Director General of WIPO is the depositary of the Treaty.

This Treaty is open to States members of WIPO and to the European Community. The Assembly constituted by the Treaty may decide to admit other intergovernmental organizations to become party to the Treaty.

Globe Expert: Marketing rules

1) Globe Expert is in line with the «Compilations Data» category:
http://www.wipo.int/treaties/en/ip/wct/trtdocs_wo033.html#P59_6206

2) International Focus Sarl, which owns the brand Globe Expert and the Web site open.globe-expert.info, offers for sale this activity of data compilation and the analysis deduced from these data, not the data themselves. The website open.globe-expert.info sells services providing analyses of the information based on flows. The subscription covers this service and the associated search engine. The documents (articles, reports…) are only displayed to facilitate their analysis by the users (notably, the keywords’ highlighting). The entire links to the articles is kept and provided to the users. The articles are provided in their wholeness.

3) All the articles dealt in the Globe Expert database mention the origin of the information source. If the origin of the information source was not mentioned, it would result from an unintentional oversight, which would be corrected right on a request in writing.

4) In case that an information source would have been mentioned without a previous authorisation, it would result from an unintentional oversight, which would be immediately corrected, either by amending the legal mentions according to the author(s) request(s), or by deleting the information source if it was explicitly requested and specified in writing.

5) Any request for additional information or correction can be sent to contact@globe-expert.info or to: International Focus, 201 rue de Fontenay, 94300 Vincennes, France.

Copyright and right of the producer of Globe-Expert

© International Focus – Globe Expert 2008
The open.globe-expert.info website constitutes a creation protected by copyright, as well as a database on which International Focus holds the copyright and the rights as producer. All texts, layout, drawings, photos, films, graphics and other elements of this site, such as computer architecture, are protected by copyright. Any copy, adaptation, modification, translation, arrangement, communication to the public, location or any other exploitation, of any part or whole of this site, under whichever form or by whatever means, whether electronic, mechanical or by other means, is strictly prohibited, except prior authorisation in writing by International Focus.

A sui generis right, authorising the producer of a database to prohibit any extraction and/or re-utilisation of any or part of the content of such database, protects the content of such database.
Any infringement to these rights is liable of civil and criminal proceedings.

Trademarks and trade names

All denominations, logos, and other signs used on this site, including the logo and the name of International Focus and Globe Expert, are trademarks and/or trade names protected by law. International Focus strictly prohibits any use of those, or of similar signs, except prior authorisation in writing.

Liability for content

This site is created and maintained by International Focus with the utmost care. However, International Focus cannot guarantee the exact nature of all the information contained in this site.

This information is sometimes linked to external sites over which International Focus have no control and for which International Focus assumes no responsibility.

International Focus declines all liability for the use made of Globe Expert website. International Focus cannot be held liable for the content or the existence of other sites, to which hyperlinks are created.

It is our goal to minimize disruption caused by technical errors. However some data or information on our site may have been created or structured in files or formats that are not error-free and we cannot guarantee that our service will not be interrupted or otherwise affected by such problems.

International Focus accepts no responsibility with regard to such problems incurred as a result of using this site or any linked external sites.

Privacy policy

International Focus is strongly committed to maintaining your privacy when you visit Globe Expert website. Some of the information kept on International Focus web server is information that you volunteer to provide through forms and some is collected automatically. Unless you volunteer to submit personal data yourself, International Focus will not collect any information from which individual visitors can be identified.

International Focus web server automatically collects non-personally-identifiable information. Typical information collected includes the domain name of your Internet access provider, the Internet protocol (IP) address used to connect the visitor’s computer to the Internet, the visitor’s browser type and version, operating system and platform, the average time spent on our site, pages viewed, information searched for, access times and other relevant statistics.

International Focus uses this information in the aggregate to measure the use of the Globe Expert site and to administer and improve them.

Globe Expert web site may also deposit certain bits of information called “cookies” in a visitor’s computer. Generally, a cookie assigns a unique number to the visitor that has no meaning outside the assigning site. This technology does not collect an individual visitor’s identifying information; rather, this information is also in an aggregate form. The purpose of this technology and the information it provides is again to help us improve Globe Expert web site. Most web browsers allow the user to deny or accept the cookie feature. However, please note that cookies may be necessary to provide you with certain features (e.g. customized delivery of information) available on the Globe Expert site. Further information about cookies can be found at
http://www.microsoft.com/info/cookies.htm.

In order to receive personalised services, you will be asked to provide personal information (e.g. name, address, telephone number, and e-mail address). No material consequences will result from your refusal to submit such information except that you may not obtain the functionality or receive information you requested.

By submitting your personal data to us, you will be treated as having given your permission for the processing of your personal data as set out in this policy; we may need to give your personal data to our affiliate companies and/or third parties solely for the purposes of carrying out this processing.

International Focus will use personal information only for the purpose indicated to you when you provided it. International Focus will not disclose, sell, rent or exchange such personally identifiable information to any other organisation or entity unless the user is first notified and expressly agrees to it, or as otherwise required by law.

International Focus reserves its right to amend this policy at any time. The privacy policy does not create any contractual or other legal right in or on behalf of any party.

This site may contain links to other web sites. This privacy statement does not cover these sites, and International Focus shall not be responsible for the privacy practices or the content of these other sites.

If you have concerns or questions please send an e-mail to contact@globe-expert.info