Draft Association Agreement between the European Union and Its Member States and Ukraine. Chapter 9 Intellectual Property (continuation)

Article 174
Right of communication to the public of works and right of making available to the public other subject-matter

1. The Parties shall provide authors with the exclusive right to authorise or prohibit any communication to the public of their works, by wire or wireless means, including the making available to the public of their works in such a way that members of the public may access them from a place and at a time individually chosen by them.
2. The Parties shall provide for the exclusive right to authorise or prohibit the making available of works to the public, by wire or wireless means, in such a way that members of the public may access them from a place and at a time individually chosen by them, namely:
(a) for performers, of fixations of their performances;
(b) for phonogram producers, of their phonograms;
(c) for the producers of the first fixations of films, of the original and copies of their films;
(d) for broadcasting organisations, of fixations of their broadcasts, whether these broadcasts are transmitted by wire or over the air, including by cable or satellite.
3. Both Parties agree that the rights referred to in paragraphs 1 and 2 shall not be exhausted by any act of communication to the public or making them available to the public as set out in this Article.

Article 175
Exceptions and limitations

1. The Parties shall provide that temporary acts of reproduction referred to in Article 173 of this Agreement, which are transient or incidental, which are an integral and essential part of a technological process and the sole purpose of which is to enable:
(a) transmission in a network between third parties by an intermediary; or
(b) lawful use of a work or other subject-matter to be made, and which have no independent economic significance, shall be exempted from the reproduction right provided for in Article 173.

2. Where the Parties provide for an exception or limitation to the right of reproduction provided for in Article 173, they may provide similarly for an exception or limitation to the right of distribution provided for in Article 171(1) of this Agreement to the extent justified by the purpose of the authorised act of reproduction.
3. The Parties may provide for exceptions and limitations to the rights set out in Articles 173 and 174 of this Agreement only in certain special cases which do not conflict with normal exploitation of the work or other subject-matter and do not unreasonably prejudice the legitimate interests of the right holder.

Article 176
Protection of technological measures

1. The Parties shall provide adequate legal protection against the circumvention of any effective technological measures which the person concerned carries out in the knowledge, or with reasonable grounds for knowing, that he/she is pursuing that objective.
2. The Parties shall provide adequate legal protection against the manufacture, import, distribution, sale, rental, advertisement for sale or rental, or possession for commercial purposes of devices, products or components or the provision of services which:
(a) are promoted, advertised or marketed for the purpose of circumvention of; or (b) have only a limited commercially significant purpose or use other than to circumvent; or
(c) are primarily designed, produced, adapted or performed for the purpose of enabling or facilitating the circumvention of, any effective technological measures.

3. For the purposes of this Section, the expression "technological measures" means any technology, device or component that, in the normal course of its operation, is designed to prevent or restrict acts, in respect of works or other subject-matter, which are not authorised by the right holder of any copyright or any right related to copyright as provided for by each Party's legislation. Technological measures shall be deemed "effective" where the use of a protected work or other subject matter is controlled by the right holders through application of an access control or protection process, such as encryption, scrambling or other transformation of the work or other subject-matter or a copy control mechanism, which achieves the protection objective.

4. Where Parties provide for limitations to the rights set out in Articles 172 and 175 of this Agreement, they may also ensure that right holders make available to a beneficiary of an exception or limitation the means of benefiting from that exception or limitation to the extent necessary to benefit from that exception or limitation and where that beneficiary has legal access to the protected work or subject matter concerned.
5. The provisions of Article 175(1) and Article 175(2) of this Agreement shall not apply to works or other subject-matter made available to the public on agreed contractual terms in such a way that members of the public may access them from a place and at a time individually chosen by them.


Article 177
Protection of rights management information

1. The Parties shall provide for adequate legal protection against any person knowingly performing without authority any of the following acts:
(a) the removal or alteration of any electronic rights-management information;
(b) the distribution, importation for distribution, broadcasting, communication or making available to the public of works or other subject-matter protected under this Agreement from which electronic rights-management information has been removed or altered without authority, if such person knows, or has reasonable grounds to know, that by so doing he is inducing, enabling, facilitating or concealing an infringement of any copyright or any rights related to copyright as provided by the law of the relevant Party.
2. For the purposes of this Agreement, the expression "rights-management information"means any information provided by right holders which identifies the work or other subject-matter referred to in Sub-section 1, the author or any other right holder, or information about the terms and conditions of use of the work or other subjectmatter, and any numbers or codes that represent such information.
The first paragraph shall apply when any of these items of information is associated with a copy of, or appears in connection with the communication to the public of, a work or other subject-matter referred to in Sub-section 1.


Article 178
Right holders and subject matter of rental and lending right

1. The Parties should provide the exclusive right to authorise or prohibit rental and lending for the following:
(a) the author in respect of the original and copies of his/her work;
(b) the performer in respect of fixations of his/her performance;
(c) the phonogram producer in respect of his/her phonograms;
(d) the producer of the first fixation of a film in respect of the original and copies of his film.

2. These provisions shall not cover rental and lending rights in relation to buildings and to works of applied art.
3. The Parties may derogate from the exclusive right provided for in paragraph 1 in respect of public lending, provided that at least authors obtain remuneration for such lending. The Parties shall be free to determine this remuneration, taking account of their cultural promotion objectives.
4. Where the Parties do not apply the exclusive lending right provided for in this Article as regards phonograms, films and computer programs, they shall introduce, at least for authors, remuneration.
5. The Parties may exempt certain categories of establishments from the payment of the remuneration referred to in paragraphs 3 and 4.



To be continued.

Beginning of the publication:
http://www.ilex.com.ua/en/articles/article-full/full/proekt-soglashenija-ob-associac/ 
http://www.ilex.com.ua/en/articles/article-full/full/proekt-soglashenija-ob-associac-1/ 
http://www.ilex.com.ua/en/articles/article-full/full/proekt-soglashenija-ob-associac-2/ 

Source: website of the European Parliament   http://www.europarl.europa.eu/