Abstract
Digital technology has had a profound impact on copyright law. Theimplementation of the WIPO Copyright Treaty (WCT) and the enforcement oftechnological protection measures have led to disparate forms of copyrightprotection for digital and analogue media. The balance between authors’ rights and the right of the public to access copyright works has been distorted.Copyright law is playing an ever-increasing crucial role in the InformationSociety. Developing countries are especially disadvantaged by diminishedaccess to works. In this article it is argued that adherence to the principle offunctional equivalence in implementing the anti-circumvention provisions of the WCT will ensure that the copyright balance is maintained and will advance the development agenda.
Highlights
The Internet has changed from a quiet means of communication among academic and scientific research circles to a major global data pipeline through which large amounts of 'locked' intellectual property and proprietary information are moved
Technological protection systems include anti-copy devices, access control, electronic envelopes, proprietary viewer software, encryption, passwords, watermarking, fingerprinting, metering and monitoring of usage and remuneration systems.[7]. This approach is bolstered by the WIPO Copyright Treaty[8] which entered into force on 6 March 2002
The Agreed Statement concerning article 10 of the WCT emphasises the need to maintain a balanced copyright regime: It is understood that the provisions of Article 10 permit Contracting Parties to carry forward and appropriately extend into the digital environment limitations and exceptions in their national laws which have been considered acceptable under the Berne Convention
Summary
The Internet has changed from a quiet means of communication among academic and scientific research circles to a major global data pipeline through which large amounts of 'locked' intellectual property and proprietary information are moved. Whereas earlier technologies such as photocopying and taping allowed mechanical copying by individual consumers, they did so in limited quantities, required considerable time and investment and produced copies of relatively poor quality. The Internet and digital technology provide opportunities and pose threats to public and private interests in intellectual property rights. Limitations and exceptions are defined narrowly and cannot adapt so to changing technologies.[6]
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