Suthersanen, Uma --- "Some Initial Thoughts on Copyright, Human Rights and Market Freedom" [2007] ELECD 272; in Westkamp, Guido (ed), "Emerging Issues in Intellectual Property" (Edward Elgar Publishing, 2007)

Book Title: Emerging Issues in Intellectual Property

Editor(s): Westkamp, Guido

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845427757

Section: Chapter 3

Section Title: Some Initial Thoughts on Copyright, Human Rights and Market Freedom

Author(s): Suthersanen, Uma

Number of pages: 19

Extract:

3. Some initial thoughts on copyright,
human rights and market freedom
Uma Suthersanen

INTRODUCTION
The current nature of copyright law is often accepted as being the necessary
and efficient response to the need of authors and publishers to appropriate the
economic value of copyright works from users. Digital technology has simul-
taneously expanded and curtailed access to and usage of informational prod-
ucts, such as scientific, educational and academic works. Moreover, in the late
twentieth century, some far-reaching provisions were introduced into interna-
tional copyright law which may prove to have irrevocably tipped the balance
towards the rights owners and away from the general public interest.
There is now a growing realisation of the potential impact of current copy-
right law on educational and knowledge policies. Can countries, especially
developing countries, take advantage of the flexibilities provided in existing
international copyright treaties to establish strong and reliable exceptions for
the research, educational and scientific usage of copyright material? Should
countries develop a more positive rights approach so that educational and
developmental needs can be met? Should we now turn to international human
rights law which encourages member states to have public interest policies
which allow users `freely to participate in the cultural life of the community,
to enjoy the arts and to share in scientific advancement and its benefits'? Will
such a general international `public interest' rule be of any assistance or is
more needed? We can perhaps reconcile all these potentially conflicting poli-
cies when we consider these ...