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Cottier, Thomas --- "Copyright and the human right to property: a European and international case law approach" [2018] ELECD 908; in Geiger, Christophe; Nard, A. Craig; Seuba, Xavier (eds), "Intellectual Property and the Judiciary" (Edward Elgar Publishing, 2018) 116

Book Title: Intellectual Property and the Judiciary

Editor(s): Geiger, Christophe; Nard, A. Craig; Seuba, Xavier

Publisher: Edward Elgar Publishing

ISBN: 9781788113076

Section: Chapter 3

Section Title: Copyright and the human right to property: a European and international case law approach

Author(s): Cottier, Thomas

Number of pages: 27

Abstract/Description:

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.