<abstract xmlns="http://www.w3.org/1999/xhtml"><p>The relationship between copyright and freedom of expression has long been debated. Unlike the legal discourse in other jurisdictions, most notably the United States, where it is assumed that free speech and copyright do not collide, in Europe both rights have separate legal effect and are considered to be of equal importance. As a result, when an individual refers to the human right of free speech to hold and impart copyright protected material, it triggers the collision between the two rights. This paper highlights and explores these relationships between copyright and freedom of expression in Europe, offering an in-depth analysis of the human rights scope of copyright and free speech, as well as examining the circumstances under which each conflicting right should prevail.</p></abstract>

The relationship between copyright and freedom of expression has long been debated. Unlike the legal discourse in other jurisdictions, most notably the United States, where it is assumed that free speech and copyright do not collide, in Europe both rights have separate legal effect and are considered to be of equal importance. As a result, when an individual refers to the human right of free speech to hold and impart copyright protected material, it triggers the collision between the two rights. This paper highlights and explores these relationships between copyright and freedom of expression in Europe, offering an in-depth analysis of the human rights scope of copyright and free speech, as well as examining the circumstances under which each conflicting right should prevail.

Copyright and Free Speech: The Human Rights Perspective

University of Latvia, Faculty of Law (Latvia), Washington University in St. Louis, School of Law (USA), Law Firm COBALT (Latvia)

Baltic Journal of Law & Politics

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"Copyright and Free Speech: The Human Rights Perspective"}

The relationship between copyright and freedom of expression has long been debated. Unlike the legal discourse in other jurisdictions, most notably the United...

Copyright and Free Speech: The Human Rights Perspective

Published Online: Feb 29, 2016

Page range: 182 - 202

Received: Dec 02, 2015

Accepted: Dec 31, 2015

DOI: https://doi.org/10.1515/bjlp-2015-0024

Keywords
Copyright, freedom of expression, intellectual property, human rights, European Court of Human Rights

© 2015 Krisjanis Buss, published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Copyright and Free Speech: The Human Rights Perspective

Published Online: Feb 29, 2016

Page range: 182 - 202

Received: Dec 02, 2015

Accepted: Dec 31, 2015

DOI: https://doi.org/10.1515/bjlp-2015-0024

KeywordsCopyright, freedom of expression, intellectual property, human rights, European Court of Human Rights

© 2015 Krisjanis Buss, published by De Gruyter Open

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
Copyright, freedom of expression, intellectual property, human rights, European Court of Human Rights