États-Unis d'Amérique
Droit d'auteur et droits connexes
[Follow-up questions] Please provide any case law or other authority holding that the TRIPS Agreement is a treaty the provisions of which can be relied upon in court by individuals, as described in the first paragraph of the answer to this question.
Because the TRIPS Agreement only entered into force in January 1996, there is no case law yet. However, the possibility of direct applicability of provisions of the Berne Convention was already accepted in a Supreme Court Decision in 1936 (Decision NJ 443 of 13 February 1936). Please confirm that all revenues generated from the imposition of blank tape levies in the Netherlands are distributed on the basis of national treatment to rightholders from all WTO Members, regardless of the type of rightholder. Under the Dutch system, different types of rightholders are represented by separate organizations, so payments are not made irrespective of the type of rightholder. The system provided for in the Netherlands is as follows. The Home Copy Foundation distributes the monies according to a schedule which has been approved by the Ministry of Justice. The schedule distinguishes between audio and video tapes. Three organizations receive audio revenues; four others are entitled to the video revenues. These private organizations in turn distribute amongst (organizations of) rightholders. The main organization, Stemra, has informed us that it does so both to (organizations of) Dutch and foreign rightholders. Stemra's own regulation provides for distribution on the basis of "rights and entitlements by force of law, treaty or regulation wherever in the world". They liaise with their counterparts in other countries.