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When does freedom of speech trump copyright?
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Date: 14.02.2013
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Copyright is a property right and therefore a human right protected
under Article 1 of the First Protocol of the European Convention on
Human Rights. Is the right to property a more or less important card in
the human rights pack than the Article 10 right to freedom of
expression?
The Ashby Donald v France decision last month in the
European Court of Human Rights in Strasbourg reminds us that copyright
is, at least in theory, an open platform. Copyright law strikes its own
balance between an author’s right to property and the public’s right to
information, but copyright is by its nature an interference with the
right to freedom of expression. Copyright decisions by European courts
are open to scrutiny by the ECHR.
Read the full report here in the Guardian Media Network.
Charles Swan
Photography / Intellectual Property / Defamation & Privacy / Digital Media / Publishing
See also:
Privacy injunction stops tabloid publication of embarrassing Facebook photos: RocknRoll v News Group Newspapers
Government announces new copyright exceptions
Copyright and freedom of expression: Paddy Ashdown v The Sunday Telegraph
The Sun loses Villa Windsor video stills case
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