Copyright in the Information Age: The catch-22 of digital technology

Abstract

In this article it is argued that digital technology has had an immense impact on the traditional notions of copyright law. The implementation of the WIPO Copyright Treaty (WCT) in leading jurisdictions has led to disparate forms of protection for digital and analogue media. Technological protection measures have distorted the copyright balance between private and public rights. The notion of fair use has been compromised and the potential impact on developing countries is immense. It is proposed that developing countries should seek media neutrality and adhere to the principles of functional equivalence in implementing the WCT.