Human Rights Law as a Device to Protect Copyright

Abstract

Copyright is initially protection of original creation of human intellect but nowadays it become indispensable for a civilised society as human being need somehow someone’s creations at every moment of life. The present article endeavour to take up the balancing exercise1 between Copyright and Human Rights at a time when the spreading of copyright throughout the world in the wake of the TRIPs and the WIPO Treaties of 1996 should be paralleled by more respect for the right of journalists to investigate and the right of artists and intellectuals and indeed all other human beings to express themselves. Moreover aiming to achieve respect in favour of general comment on ICESCR under Article 15(1)(c), “the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author.” This suggests the outlines of an emerging human rights framework for copyright. Analysis of the human rights framework for collective administration of copyright is the ultimate of the present work.