[A2k] HRC28: Statement of the United States of America - Cultural Rights (Response to SR Report on Copyright and Right to Culture)

Thiru Balasubramaniam thiru at keionline.org
Thu Mar 12 00:31:43 PDT 2015


http://keionline.org/node/2193

HRC28: Statement of the United States of America - Cultural Rights
(Response to SR Report on Copyright and Right to Culture)

Submitted by thiru <http://keionline.org/user/6> on 12. March 2015 - 2:19

On Wednesday, 11 March 2015, Ambassador Keith Harper, U.S. Representative
to the Human Rights Council, delivered the following statement
<https://geneva.usmission.gov/2015/03/11/human-rights-council-dialogue-with-special-rapporteurs-item-3/>to
the 28th Session of the Human Rights Council on the topic of cultural
rights. Specifically, Ambassador Harper responded to the presentation of
the Special Rapporteur in the Field of Cultural Rights on her Report on
Copyright policy and the right to science and culture (A/HRC/28/57
<http://www.ohchr.org/EN/HRBodies/HRC/RegularSessions/Session28/Pages/ListReports.aspx>
).

With respect to the Special Rapporteur's recommendations on international
norm-setting to provide a core set of mandatory copyright limitations and
exceptions, Ambassador Harper noted,

The United States also does not agree with many of the report’s
recommendations and characterizations. These include ones related to
copyright norm-setting activities at experts’ discussions in other
international fora and others suggesting that individual creators and
corporations or businesses should merit different protections.

The complete US statement on cultural rights follows.

28th Session of the UN Human Rights Council

Delivered by Ambassador Keith HarperU.S. Representative to the Human Rights
Council

March 11, 2015 – Geneva

Cultural Rights

The United States is pleased to have this opportunity to engage with
Special Rapporteur Shaheed.

We appreciate the report’s recognition of the importance of copyright in
encouraging creativity. Copyright laws in the United States and other
countries foster and promote culture, science, and the arts, for the
benefit not only of their creators, but also the general public. A wide
range of academic studies has found that when effective copyright
protection exists, creators produce more work. If society does not provide
authors, artists, and performers with sufficient incentives to create – by
ensuring meaningful protections for what they create – we diminish not only
their economic and other wellbeing, but also that of millions of
individuals and businesses that rely on their creativity. In the end, we
diminish the cultural life of our global community.

In the view of the United States, the report does not adequately
acknowledge that copyright can serve as a means to promote human rights,
including those expressed in Article 27(2) of the Universal Declaration of
Human Rights. We also believe that the report should have fully addressed
the pressing challenges posed to creators by lack of respect for
intellectual property rights and for all individuals’ human rights to
freedom of expression.

The United States also does not agree with many of the report’s
recommendations and characterizations. These include ones related to
copyright norm-setting activities at experts’ discussions in other
international fora and others suggesting that individual creators and
corporations or businesses should merit different protections.

Copyright, science, and culture are critically interconnected, and
copyright plays a key role in incentivizing creative and scientific works
for the benefit of all. We look forward to encouraging further in
discussions on these important issues.

Question:

Madame Special Rapporteur, we would be interested to hear about the
approach that you intend to undertake for the second report, planned for
this year, involving the connection between human rights and patent policy?



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