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Challenges for Copyright by ICT: Introduction |
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Traditional copyright and the practice of paying  royalties to the creators of intellectual property have emerged with the introduction of the printing press (1456). Therefore early copyright law has been tailored to the technology of print and the (re) production of works in analogue form. Over the centuries legislation concerning the protection of intellectual property has been adapted several times in order to respond to the technological changes in the production and distribution of information.
Yet again new technologies have altered the way of how (copyrighted) works are produced, copied, made obtainable and distributed. The emergence of global electronic networks and the increased availability of digitalized intellectual property confront existing copyright with a variety of questions and challenges. Although the combination of several types of works within one larger work or on one data carrier, and the digital format (although this may be a recent development it has been the object of detailed legal scrutiny), as well as networking (telephone and cable networks have been in use for a long time, although they do not permit interactivity) are nothing really new, the circumstance that recent technologies allow the presentation and storage of text, sound and visual information in digital form indeed is a novel fact. Like that the entire information can be generated, altered and used by and on one and the same device, irrespective of whether it is provided online or offline.
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1996 WIPO Copyright Treaty (WCT)
The
1996 WIPO
Copyright Treaty, which focused on taking steps to protect copyright
"in the digital age" among other provisions 1) makes clear
that computer programs are protected as literary works, 2) the
contracting parties must protect databases that constitute
intellectual creations, 3) affords authors with the new right of
making their works "available to the public", 4) gives
authors the exclusive right to authorize "any communication to
the public of their works, by wire or wireless means ... in such a
way that members of the public may access these works from a place
and at a time individually chosen by them." and 5) requires the
contracting states to protect anti-copying technology and copyright
management information that is embedded in any work covered by the
treaty. The WCT is available on:  http://www.wipo.int/documents/en/diplconf/distrib/94dc.htm
 http://www.wipo.int/documents/en/diplconf/dis...
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