Developing countries and copyright in the information age - the functional equivalent implementation of the WCT

Abstract

Digital technology has had a profound impact on copyright law. The implementation of the WIPO Copyright Treaty (WCT) and the enforcement of technological protection measures have led to disparate forms of copyright protection 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 Information Society. Developing countries are especially disadvantaged by diminished access to works. In this article it is argued that adherence to the principle of functional equivalence in implementing the anti-circumvention provisions of the WCT will ensure that the copyright balance is maintained and will advance the development agenda.