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de Cock Buning, Madeleine --- "Expansion and convergence in copyright law" [2010] ELECD 330; in Grosheide, Willem (ed), "Intellectual Property and Human Rights" (Edward Elgar Publishing, 2010)

Book Title: Intellectual Property and Human Rights

Editor(s): Grosheide, Willem

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781848444478

Section: Chapter 3

Section Title: Expansion and convergence in copyright law

Author(s): de Cock Buning, Madeleine

Number of pages: 25

Extract:

3. Expansion and convergence in
copyright law
Madeleine de Cock Buning1

1. INTRODUCTION
This chapter discusses the historical development of copyright law vis-à-vis its
human rights context, starting with its roots in the seventeenth century and
from thereon providing an overview of the expansion and convergence in this
field of law.
The expansion has been greatly accelerated by the influence of electronic
information and communication technology during the last few decades.
Copyright law has been more significantly influenced by technological devel-
opments than patent law and other industrial property rights. Patent law's
fundamental objective is to stimulate technology. Important notions such as
novelty and inventiveness are neutral to the technique. Unlike patent law,
copyright law is not primarily focused on technique. The copyright protection
of technology products often results in expansion in the domain of copyright
law and the protection of exploitation rights. The introduction of electronic
information technology such as semi-conductors, computer programs, elec-
tronic databases and network communication provoked numerous legislative
initiatives. New objects, exploitation rights and enforcement mechanisms
found a place in the domain of intellectual property law. This expansion did
not remain without consequences for the freedom of communication, the
human right to which it has been detrimental.
This chapter will furthermore discuss another significant development in the
field of intellectual property law, a development that is especially relevant for
the human rights paradox in intellectual property law. Under the influence of
electronic information technology the traditional boundaries between industrial


1 Professor of ...