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Copyright and Human RightsFREEDOM OF EXPRESSION

Freedom of Expression

• Philosophical justifications– Forum for ideas– Guarantee for democratic process– Requirement for self-fulfilment and authonomy of

individuals– Requirement for realisation of capacities/needs of

individuals

Freedom of expression

• Sources of freedom of expression/information/speech– Art. 19 UDHR– Art. 19 ICCPR– Art. 10 ECHR– Art. 13 American Convention of Human Rights– ....

Freedom of Expression

• Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice

- Art. 19 ICCPR

Congress shall make no law … abridging the freedom of speech, or of the press

-1st Amendment, US Constitution

Limitations of Speech and Expression

• Provided clearly in the textrespect for the rights or reputations of others; or

the protection of national security, public order, or public health or morals.

• Guidelines provided in the textrestrictions or penalties … prescribed by law and are necessary in a democratic society

• Provided by the jurisprudence

Freedom of Expression case law

• ECtHR– DELFI AS v. ESTONIA (Application no. 64569/09) 10

October 2013 (First Section)» Company had to take specific care because of the

nature of the article

» Employed protection measures (take down procedure, filters and timely reaction of the administrators) was not enough

» Information in the internet ”will circulate forever” and Delfi had an exclusive control of the comments

» Delfi had to ” ensure a realistic possibility that the authors of the comments will be held liable”

Freedom of Expression case law

• Delfi AS v. Estonia (Grand Chamber Judgement) 16 June 2015

– Internet is a vehicle for freedom of speach but also danger to privacy and other intrests as hate speech is more permanent and spreads more easily.

– Comments are part of Delfi’s business model– Delfi was involved in making comments public and

had substantial control over them– Lack of instruments to get redress from authors of the

comments justify the fine imposed on the portal.– Comments were supposed to be removed directly

after bublication, not after notice.

Freedom of Expression and Copyright

Relationship between IP and Expression

• Copyright is the integral part of freedom of speech/expression and provides ballance between the different interests of author and public through:

– Exeptions and limitations– Fair use– Uncopyrightable content

• Copyright is an impediment of expression – Remix– Creative Commons– Open Source

Freedom of Expression case law

• UK Ashdown v. Telegraph Group (2001)There is no need to express yourself in the same words as others did (except some specific cases if public interest dictates it)

Freedom of expression does not have to be free

• Ashby Donald and others v. France, Appl. nr. 36769/08, 10 January 2013

– expression in question was not of general interest for society (”commercial speech”)

Freedom of Expression case law ECHR

• Fredrik Neij and Peter Sunde Kolmisoppi (The Pirate Bay) v. Sweden, Appl. nr. 40397/12, 19 February 2013

– expression in question was not political expression/debate

• Eldred v. Ashcroft (2003)– congress has the power to promote the Progress of

Science . . .by securing for limited Times to Authors. exclusive Right to their. . . Writings

- US Const. Art. 1 sec. 8

– Sonny Bono Copyright Extension Act of 1998

Creative Commons

Creative Commons

• In 2002 first set of licenses based on a free choice of the author

– develops, supports, and stewards legal and technical infrastructure that maximizes digital creativity, sharing, and innovation

- Official Website

• No permission asking• A form of commons• Designed for digital environment

Creative Commons

• Choices for the author– Commercial/non-commercial use– Allowed/prohibited derrivative works– Share alike condition– Attribution: no choice

Creative Commons

Remix

Remix

• Making derivative works from existing ones• Reaction and contribution to the culture around • Return to RW culture from RO culture

• www.ccmixter.org• http://right2remix.org/

Open Source

Open Source

• Software is an object of copyright protection• The problems of Source Code and Object Code

• Richard Stallman: Software has to be free. Not free as beer, but free as speech.

Open Source

• GNU GPL Public License• Copyleft principles

• Open Source software and Free software

• Open Source Foundation

Open Source

• Main Open Source Principles– Licensees are free to use open source software for any

purpose whatsoever.

– Licensees are free to make copies of open source software and to distribute them without payment of royalties to a licensor.

– Licensees are free to create derivative works of open source software and to distribute them without payment of royalties to the licensor including with copyleft condition

– Licensees are free to access and use the source code of the open source software

– Licensees are free to combine open source and other software.