[A2k] [Ip-health] Is access to information a human right?

Jamie Love james.love at keionline.org
Tue Jan 6 06:28:04 PST 2015


Philippe's point that the notion that "material interests" of authors is a
different concept than "exclusive rights" is quite important, as is the
observation by Chris and Philippe that present copyright regimes often do
poorly by authors.

We have asked USPTO to create a committee, study group or task force to
look at areas where authors and performers material interests are not well
served in the current copyright/publisher regime.  The initial informal
response was that this was just a "licensing issue" and not something that
USPTO would take up.


Jamie


On Tue, Jan 6, 2015 at 7:41 AM, Chris Zielinski <ziggytheblue at gmail.com>
wrote:

> Philippe quotes Article 27.2 which grants a person the right of protection
> of works of which they are the author and then says this does not place the
> control of works in the hands of authors. Hmm.
>
>
> The official authoritative UDHR/Covenant commentary literature (notably
> CESCR Comment 17 - http://www.refworld.org/docid/441543594.html
> <http://www.refworld.org/docid/441543594.html%C2%A0>) stresses that this
> is
> a human right attaching to the person of the author – there is no doubt
> whatsoever about that – and that, as a human right based on personal human
> dignity, it cannot be licensed, sold or passed on to anyone or any company.
> The Comment stresses that for these reasons copyright is not a human right.
>
>
> Copyright nevertheless derives an ethical/moral strength from Article 27.2.
> Thisnis even more true in countries belonging following the droits d’auteur
> regime.
>
>
> I agree with Philippe that copyright enforcement is largely by and for
> publishers and others who have licensed or bought the rights from the
> authors.
>
>
> Best,
>
>
> Chris
>
> On 5 January 2015 at 20:28, Philippe Aigrain <philippe.aigrain at wanadoo.fr>
> wrote:
>
> > Actually article 27 of UHDR and article 15 of the Covenant on Economic,
> > Social and Cultural Rights say things that clearly contradict the
> > statement by Chris Zielinski. 27.1 affirms the right freely to
> > participate in the cultural life of the City (I believe that this
> > includes sharing works between individuals without aim of profit, but it
> > is a matter of interpretation of the statement in today's context). 27.2
> > affirms the right of every person to the protection of the moral and
> > material interests resulting from any scientific, literary or artistic
> > production of which he is the author. This DOES NOT say how there
> > interests should be served, does not mention exclusive rights (which
> > were strongly rejected by some countries) and certainly does not place
> > the control of works in the hands of authors. It just say that societies
> > have a duty to protect these moral and material interests of authors, a
> > duty which the fulfill presently very poorly by focussing mainly on
> > copyright enforcement for the benefit of publishers and distributors.
> >
> > Philippe Aigrain
> > http://www.sharing-thebook.com
> >
> > > On Wed, Dec 31, 2014 at 09:57:14PM +0000, Chris Zielinski wrote:
> > >> I’ve just posted a blog that might be of interest to members of the
> A2K
> > and
> > >> IP-Health lists. The blog seeks to answer the question, “Is access to
> > >> information a human right?” by carrying out a short, non-specialist
> > >> analysis of Articles of the Universal Declaration of Human Rights. It
> > is at
> > >> http://ziggytheblue.wordpress.com   – Wordpress runs a short free
> > >> registration step and sends you no subsequent spam.
> > >>
> > >> Happy New Year to all!
> > >
> > > Happy New Year!
> > >
> > > "And it places the right to control the work firmly in the hands of the
> > author."
> > >
> > > But the UDHR does not say that. Conflicting human rights require a
> > balancing of rights. Peter Yu recommends just remuneration for conflicts
> > taking place within the human rights system. See also an FFII note partly
> > based on his work:
> > >
> > > http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1926102
> > > http://acta.ffii.org/?p=2017
> > >
> > > best,
> > >
> > > Ante
> > >
> > >
> > >
> > >
> > >>
> > >> Chris
> > >>
> > >> Chris Zielinski chris at chriszielinski.com
> > >> _______________________________________________
> > >> Ip-health mailing list
> > >> Ip-health at lists.keionline.org
> > >>
> >
> http://lists.keionline.org/mailman/listinfo/ip-health_lists.keionline.org
> > >
> > > _______________________________________________
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> > > http://lists.keionline.org/mailman/listinfo/a2k_lists.keionline.org
> > >
> >
> >
> > _______________________________________________
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> >
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-- 
James Love.  Knowledge Ecology International
http://www.keionline.org/donate.html
KEI DC tel: +1.202.332.2670, US Mobile: +1.202.361.3040, Geneva Mobile:
+41.76.413.6584, twitter.com/jamie_love



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