[A2k] Make copyright compatible with the UN International Covenant on Economic, Social and Cultural Rights

Ante Wessels ante at ffii.org
Mon Jan 27 08:14:13 PST 2014


Make copyright compatible with the UN International Covenant on
Economic, Social and Cultural Rights
http://acta.ffii.org/?p=2017
with links

January 26, 2014
By Ante

I just made a personal submission to the Public Consultation on
the review of the EU copyright rules.

I used the You can fix copyright website. Very handy, thanks!

I added an attachment, see below or pdf, in which I argue that
copyright law has to be made compatible with the UN
International Covenant on Economic, Social and Cultural Rights
(ICESCR).

——–

Copyright law and the International Covenant on Economic, Social
and Cultural Rights

Ante Wessels, 2014

Introduction

This note is an attachment to my submission to the 2014 Public
Consultation on the review of the EU copyright rules. This note
argues that copyright law has to be made compatible with the UN
International Covenant on Economic, Social and Cultural Rights
(ICESCR).

This note limits itself to three ICESCR rights relevant for the
digital environment: access to knowledge, access to culture and
authors’ rights.

The first section introduces the ICESCR. The second section
distinguishes intellectual property rights and ICESCR rights. It
discusses how to deal with conflicts within the ICESCR system.
It argues that copyright law needs exceptions for under served
markets and remix artists, and that it is questionable whether
after life duration of copyright is compatible with the ICESCR.
The third section discusses the right to enjoy intellectual
property and concludes that the right to enjoy intellectual
property does not change the conclusion that copyright law needs
the aforementioned exceptions.

Some of these exceptions may best be made in substantive law. As
long as they are not implemented in substantive law, enforcement
law has to make such exceptions.

more: http://acta.ffii.org/?p=2017




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