10. Each Party shall provide that all reproductions, whether temporary or
permanent, shall be deemed reproductions and subject to the reproduction right as
envisaged in the provisions embodied in WCT Article 1(4) and the Agreed Statement
thereto, and WPPT Articles 7 and 11 and the Agreed Statement thereto.
11. Each Party shall provide to authors and their successors in interest, t o
performers and to producers of phonograms the exclusive right to authorize or
prohibit the importation into each Party’s territory of copies of works and
phonograms, even where such copies were made with the authorization of the
author, performer or producer of the phonogram or a successor in interest.
12. Each Party shall provide to performers and producers of phonograms the
exclusive right to authorize or prohibit the broadcasting and communication to the
public of their performances or phonograms, regardless of whether the broadcast or
communication is effected by wired or wireless means, except that a Party may
provide exemptions for analog transmissions and free over-the-air broadcasts, and
may introduce statutory licenses for non-interactive services that, by virtue of their
programming practices, including both the content of their transmissions and their
use of technological measures to prevent unauthorized uses, are unlikely to conflict
with a normal exploitation of phonograms or performances.
13. In applying the prohibition under Article 11 of the WCT and Article 18 of the
WPPT on circumvention of effective technological measures that are used by
authors, performers and producers of phonograms in connection with the exercise of
their rights and that restrict unauthorized acts in respect of their works,
performances and phonograms, each Party shall prohibit civilly and criminally the
manufacture, importation or circulation of any technology, device, service or part
thereof, that is designed, produced, performed or marketed for engaging in such
prohibited conduct, or that has only a limited commercially significant purpose or use
other than enabling or facilitating such conduct.
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14. Each Party shall provide that any natural person or legal entity acquiring or
holding any economic rights by contract or otherwise, including contracts of
employment involving protected subject matter, may freely and separately transfer
such rights by contract and shall be able to exercise those rights in its own name and
enjoy fully benefits of such rights.
15. Each Party shall issue appropriate laws, regulations, or other measures
(“measures”) providing that all government agencies use only computer software
authorized for intended use. Such measures shall actively regulate the acquisition
and management of software for government use.
16. Each Party shall confine limitations or exceptions to exclusive rights to certain
special cases which do not conflict with a normal exploitation of the work and do not
unreasonably prejudice the legitimate interests of the right holders.
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This provision does not require either Party to mandate that any consumer electronics,
telecommunications or computing product not otherwise violating the prohibition be designed to
affirmatively respond to any effective technological measure. Any violation of the prohibition shall be
independent of any infringement of copyright or related rights.