Page:United States Statutes at Large Volume 115 Part 3.djvu/642

 115 STAT. 2716 PROCLAMATION 7449—JUNE 8, 2001 A. all types of computer programs are literacy works within the meaning of the Benw Convention and each Party shall protect them as such, and B. compilations ofdata or other matenal, whether in machine readable or other form, which by reason of the selection or arrangement of their contents constitute intellectual creations, diall be protected as works. The protection a Party provides under subparagraph (B) shall not extend to the data or material itsdC or prgudice any copyright subsisting in that data or material. Each Party shall provide to authors and their successors in interest thoserightsenumerated in the Berne Convention in respect of works covered byparagraph 1, and shall provide the right to authorize or prohibit: A the importation into the Party's territory of copies of the work; B. thefirstpublic distribution of the original and each copy of the work bysale, rental or otherwise, C. the communication of a work to the public, and D the rental of the original or a copy of a computer program for the purposes of commercial advantage Subparagraph (D) shall not apply where the copy of the computer program is not itselfan essential object of the rental. Each Party shall provide that putting the original or a copy of a computer program on the market with therightholder's consent shall not exhaust the rental right. Each Party shall provide that for copyright and related rights: A any person acquiring or holding any economic rights may freely and separately transfer suchrightsby contract, and B any person acquiring or holding any such economic rights by virtue of a comract, including comracts of employment underlying the creation of works and sound recordings, shallbe able to exerdse thoserightsin its ovm name and enjoy fully the benefits denved from those rights Each Party shall provide that, where the term of protection of a work is to be calculated on a basis other than the life of a natural person, the term shall be not lets than 7S years from the end of the calendar year of the first authorized publication of the work or, fUling such

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