Abstract

This chapter explores the actual legal framework of the right to freedom of expression and information, as guaranteed under Article 10 ECHR, with references also to Article 19 of the International Covenant on Civil and Political Rights (ICCPR), in relation to copyright law. The most important and specifically relevant characteristics of the right to freedom of expression and information are highlighted when coming into conflict with (the enforcement of) copyright law. Next the (recent) case law of the ECtHR regarding these conflicting rights is presented and briefly analysed, with reference also to relevant recent case law by the European Court of Justice (CJEU). By way of conclusion seven suggestions are formulated in order to bring the protection and enforcement of copyright law in better accordance with the requirements of the respect for the right to freedom of expression and information in a democratic society.

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