Edited by Christophe Geiger, Craig A. Nard and Xavier Seuba
Chapter 3: Copyright and the human right to property: a European and international case law approach
This chapter first expounds the history of the relationship and the special status of property protection as an institutional guarantee depending upon legislation in case law of European and international courts of law. Upon reviewing the case law of international courts and tribunals and the challenges of the post-Gutenberg information society, it suggests that human rights should inform the shaping and interpretation of copyright rules. A methodology is developed to this effect and includes the assessment of the impact of all relevant human rights and of statutory exceptions in the process of law-making and the implementation of copyright rules.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.