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Type of publication: Straipsnis / Article
Author(s): Krisjanis, Buss
Title: Copyright and free speech: the human rights perspective
Is part of: Baltic Journal of Law & Politics, 2015 vol. 8, iss. 2, p. 182-202
Date: 2015
Keywords: Copyright;Freedom of expression;Intellectual property;Human rights;European Court of Human Rights
Abstract: The relationship between copyright and freedom of expression has long been debated. Unlike the legal discourse in other jurisdictions, most notably the United States, where it is assumed that free speech and copyright do not collide, in Europe both rights have separate legal effect and are considered to be of equal importance. As a result, when an individual refers to the human right of free speech to hold and impart copyright protected material, it triggers the collision between the two rights. This paper highlights and explores these relationships between copyright and freedom of expression in Europe, offering an in-depth analysis of the human rights scope of copyright and free speech, as well as examining the circumstances under which each conflicting right should prevail.
Appears in Collections:Baltic Journal of Law & Politics 2015, vol. 8, iss. 2

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