The balance of copyright

Abstract

This report considers the respective rights to be accorded the holders of copyrights and the users of their works. These interests have been considered in the TRIPS Agreement of 1994, the WIPO Treaty of 1996 regarding copyright, and the Berne Convention, all of which apply to many of the countries covered. Other fundamental rights, such as freedom of speech, expression, and competition, bear upon the appropriate balance of the different categories of rights holders. The reporters note that the lack of differentiation among different categories of works results in overprotection over some which impedes uses that lie in the public interest. Free-of-charge user rights exist for certain categories of consumers, to fulfill educational and cultural needs, but some countries that strongly support rights of the author resist the notion of a gratuitous license. Prospects for reform lie in the implementation of articles 7 and 8 of the TRIPS Agreement with an eye toward a balancing of rights and obligations to the mutual advantage of producers and users.