The Right to Receive Information under Article 10 of the ECHT

An Investigation from a Copyright Perspective

Robin E. Herr

Research output: Contribution to journalJournal articleResearchpeer-review

Abstract

The purpose of this paper is to investigate the right to receive information under Article 10 of the European Convention of Human Rights in order to determine whether or not it is relevant to copyright law. The bulk of the article describes how the right to receive information operates. Focus is placed on the composition of the right, the scope of the test to justify an interference, principles that may affect the Court’s evaluation and any negative or positive obligations that may arise. In conducting this part of the research, over 125 cases were investigated. After detailing the case law, efforts are made to identify state obligations and trends that could potentially affect copyright. The article concludes with a brief statement of the areas of copyright law in which these obligations and trends could be relevant.
Original languageEnglish
JournalJFT: Tidskrift utgiven av Juridiska Föreningen i Finland
Volume2011
Issue number2
Pages (from-to)193-211
ISSN0040-6953
Publication statusPublished - 2011

Keywords

  • Copyright
  • IP
  • Right to Receive Information
  • Article 10
  • European Court of Human Rights

Cite this

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abstract = "The purpose of this paper is to investigate the right to receive information under Article 10 of the European Convention of Human Rights in order to determine whether or not it is relevant to copyright law. The bulk of the article describes how the right to receive information operates. Focus is placed on the composition of the right, the scope of the test to justify an interference, principles that may affect the Court’s evaluation and any negative or positive obligations that may arise. In conducting this part of the research, over 125 cases were investigated. After detailing the case law, efforts are made to identify state obligations and trends that could potentially affect copyright. The article concludes with a brief statement of the areas of copyright law in which these obligations and trends could be relevant.",
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The Right to Receive Information under Article 10 of the ECHT : An Investigation from a Copyright Perspective. / Herr, Robin E.

In: JFT: Tidskrift utgiven av Juridiska Föreningen i Finland, Vol. 2011, No. 2, 2011, p. 193-211.

Research output: Contribution to journalJournal articleResearchpeer-review

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AB - The purpose of this paper is to investigate the right to receive information under Article 10 of the European Convention of Human Rights in order to determine whether or not it is relevant to copyright law. The bulk of the article describes how the right to receive information operates. Focus is placed on the composition of the right, the scope of the test to justify an interference, principles that may affect the Court’s evaluation and any negative or positive obligations that may arise. In conducting this part of the research, over 125 cases were investigated. After detailing the case law, efforts are made to identify state obligations and trends that could potentially affect copyright. The article concludes with a brief statement of the areas of copyright law in which these obligations and trends could be relevant.

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