treaties: 105-17

Treaties submitted to the Senate (Congresses 89–119), with countries, index terms, and resolution text.

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id congress number title topic transmitted_date in_force_date countries index_terms resolution_text
105-17 105 17 WIPO COPYRIGHT TREATY (WCT)(1996) AND WIPO PERFORMANCES AND PHONOGRAMS TREATY(WPPT)(1996) International Law 1997-07-28T00:00:00Z     105, 105-17, COPYRIGHT, COPYRIGHT TREATY, PERFORMANCES AND PHONOGRAMS, T.DOC. 105-17, WIPO, WORLD INTELLECTUAL PROPERTY ORGANIZATION <!DOCTYPE html><html xmlns="http://www.w3.org/1999/xhtml" lang="en"><head><meta name="dc:title" content="[105] TreatyRes. 9 for Treaty Doc.105 - 17" /><meta name="Content-Encoding" content="windows-1252" /><meta name="Content-Type" content="text/plain; charset=windows-1252" /><title>[105] TreatyRes. 9 for Treaty Doc.105 - 17</title></head><body><p>As approved: Resolved (two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the World Intellectual Property Organization Copyright Treaty and the World Intellectual Property Organization Performances and Phonograms Treaty, done at Geneva on December 20, 1996, and signed by the United States on April 12, 1997 (Treaty Doc. 105-17), subject to the reservation of subsection (a), the declarations of subsection (b), and the provisos of subsection (c). (a) Reservation.¿ The advice and consent of the Senate to the WIPO Performances and Phonograms Treaty is subject to the following reservation, which shall be included in the instrument of ratification and shall be binding on the President: Remuneration Right Limitation.¿ Pursuant to Article 15(3) of the WIPO Performances and Phonograms Treaty, the United States will apply the provisions of Article 15(1) of the WIPO Performances and Phonograms Treaty only in respect of certain acts of broadcasting and communication to the public by digital means for which a direct or indirect fee is charged for reception, and for other retransmissions and digital phonorecord deliveries, as provided under the United States law. (b) Declarations.¿ The advice and consent of the Senate is subject to the following declarations: (1) Limited Reservations Provisions.¿ It is the Sense of the Senate that a ``limited reservations'' provision, such as that contained in Article 21 of the Performances and Phonograms Treaty, and a ``no reservations'' provision, such as that contained in Article 22 of the Copyright Treaty, have the effect of inhibiting the Senate in its exercise of its constitutional duty to give advice and consent to ratification of a treaty, and the Senate's approval of these treaties should not be construed as a precedent for acquiescence to future treaties containing such provisions. (2) Treaty Interpretation.¿ The Senate affirms the applicability to all treaties of the constitutionally based principles of treaty interpretation set forth in Condition (1) of the resolution of ratification of the INF Treaty, approved by the Senate on May 27, 1988, and Condition (8) of the resolution of ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe, approved by the Senate on May 14, 1997. (c) Provisos.¿ The advice and consent of the Senate is subject to the following provisos: (1) Condition for Ratification.¿ The United States shall not deposit the instruments of ratification for these Treaties until such time as the President signs into law a bill that implements the Treaties, and that shall include clarifications to United States law regarding infringement liability for on-line service providers, such as contained in H.R. 2281. (2) Report.¿ On October 1, 1999, and annually thereafter for five years, unless extended by an Act of Congress, the President shall submit to the Committee on Foreign Relations of the Senate, and the Speaker of the House of Representatives, a report that sets out: (A) Ratification.¿ A list of the countries that have ratified the Treaties, the dates of ratification and entry into force for each country, and a detailed account of U.S. efforts to encourage other nations that are signatories to the Treaties to ratify and implement them. (B) Domestic Legislation Implementing the Convention.¿ A description of the domestic laws enacted by each Party to the Treaties that implement commitments under the Treaties, and an assessment of the compatibility of the laws of each country with the requirements of the Treaties. (C) Enforcement.¿ An assessment of the measures taken by each Party to fulfill its obligations under the Treaties, and to advance its object and purpose, during the previous year. This shall include an assessment of the enforcement by each Party of its domestic laws implementing the obligations of the Treaties, including its efforts to: (i) investigate and prosecute cases of piracy; (ii) provide sufficient resources to enforce its obligations under the Treaties; (iii) provide adequate and effective legal remedies against circumvention of effective technological measures that are used by copyright owners in connection with the exercise of their rights under the Treaties or the Berne Convention and that restrict acts, in respect of their works, which are not authorized by the copyright owners concerned or permitted by law. (D) Future Negotiations.¿ A description of the future work of the Parties to the Treaties, including work on any new treaties related to copyright or phonogram protection. (E) Expanded Membership.¿ A description of U.S. efforts to encourage other non-signatory countries to sign, ratify, implement, and enforce the Treaties, including efforts to encourage the clarification of laws regarding Internet service provider liability. (3) Supremacy of the Constitution.¿ Nothing in the Convention requires or authorizes legislation or other action by the United States of America that is prohibited by the Constitution of the United States as interpreted by the United States. </p></body></html>

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