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Copyright and Free Speech: The Human Rights Perspective Cover

Copyright and Free Speech: The Human Rights Perspective

By: Buss Krisjanis  
Open Access
|Feb 2016

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.

Language: English
Page range: 182 - 202
Submitted on: Dec 2, 2015
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Accepted on: Dec 31, 2015
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Published on: Feb 29, 2016
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2016 Buss Krisjanis, published by Faculty of Political Science and Diplomacy and the Faculty of Law of Vytautas Magnus University (Lithuania)
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.