Copyright and challenges to copyright: The case of 'piracy' and 'private copying'.

Copyright represents a constant and delicately poised balance among three, often competing interests: the author's and his/her rights in a protected work; the enterpreneur's who exploit such works and his/her own rights; and finally, the public who needs to have access to these works. However, especially since the mid-twentieth century, the system of copyright, and even its existence itself, has been seriously challenged. These challenges have come from the attitude of the 'developing countries', the advent of new technologies, and the consequent changing nature of piracy and private copying. This thesis examines these challenges in particular in relation to the audio-visual industries. Findings drawn from a wide range of sources ranging from private industry sources to intergovernmental bodies are used to determine the extent of piracy and private copying and the effects of these on the copyright industries and copyright owners alike. Different ways of meeting the challenges to copyright are explored in detail including technological solutions or 'fixes', trade-oriented measures, legal remedies, and educational programmes. Detailed attention is also paid to recent steps taken by the European Union and the GATT to establish a framework of copyright protection across the world. The likely success of all these measures is addressed in the concluding chapter.