Substantive issues of copyright protection in a networked environment

Abstract I propose, in this paper, to examine the latest developments in copyright law which affect the provision of networked services. The recently concluded treaties at the WIPO Diplomatic Conference held in Geneva (December 1996) update the Berne Convention to accommodate the proliferation of digital technology and works, and their on‐line dissemination. For example, the Copyright Treaty contains, inter alia, an expanded communication right and a prohibition of acts which amount to circumventing technical protection systems. These and other provisions of the treaty that are relevant to the provision of networked services are discussed. The paper also addresses an issue most relevant to networked services, which was omitted at a late stage from the Treaty—temporary reproductions. In terms of content regulation and copyright, the paper first discusses the EC Database Directive. It is anticipated that this Directive will, in future, play a pivotal role in the governance of collections of material in a ne...