Tuesday, 22 March 2011

Working Paper on ECHR and Copyright Law

Robin Herr of the Copenhagen Business School Law Department has posted a working paper on SSRN entitled 'The Right to Receive Information Under Article 10 of the ECHR: An Investigation from a Copyright Perspective'. This is the abstract:

The purpose of this paper is to investigate the right to receive information under Article 10 of the European Convention of Human Rights in order to determine whether or not it is relevant to copyright law. The bulk of the article describes how the right to receive information operates. Focus is placed on the composition of the right, the scope of the test to justify an interference, principles that may affect the Court’s evaluation and any negative or positive obligations that may arise. In conducting this part of the research, over 125 cases were investigated. After detailing the case law, efforts are made to identify state obligations and trends that could potentially affect copyright. The article concludes with a brief statement of the areas of copyright law in which these obligations and trends could be relevant.

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