Towards Coherence in International Law: The Right of Everyone to Take Part in Cultural Life and 'Library' Exceptions from Copyright

University essay from Lunds universitet/Juridiska institutionen

Abstract: Sammanfattning In the discussion on the relations between human rights and intellectual property a myriad of human rights are brought up, both directly and remotely connected to IP, but the right to cultural participation, which seems so relevant is, however, mentioned very rarely and even then - only superficially. The present paper is aimed at giving this neglected right a proper attention with regard to copyright. The paper examines the relations of the two branches of international law – human rights and intellectual property law, in general; further it addresses the content of the right to cultural participation and applies the findings to a specific area of copyright – exceptions and limitations for the benefit of libraries. The paper concludes with the evaluation of the potential of the right to take part in cultural life to reform intellectual property law.

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