C/L/110. A Critical evaluation of the Agreement on Trade-Related aspects of Intellectual Property Rights and the WIPO Copyright Treaty as to their effect in relation to the balance envisaged as appropriate by the Berne Convention

The provision of adequate rewards to creators of works is considered to be dependent in modern times upon the adequate recognition and enforcement of the rights given to those creators by copyright law. Such recognition and enforcement can only take place at national level. International law attempts to support recognition and enforcement of such rights at national level. But full recognition and enforcement of such rights needs to limited by broader considerations of the public interest and societal needs, such as the need for cost-effective education, and broader considerations of journalistic freedom and freedom of speech. Thus all national copyright laws to a greater or lesser extent attempt to balance recognition and enforcement of copyright against broader interests and needs. International copyright law has recognised the need for this balance but the exact nature of the appropriate balance has been contentious.