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A19 Right to Share Principles

A19 Right to Share Principles

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Published by: Antonio Martínez Velázquez on Apr 23, 2013
Copyright:Attribution Non-commercial

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05/21/2015

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Contents
Introductory statement 2Preamble 4SECTION I General Principles 6
Principle 1: The right to freedom of expression 7Principle 2: Copyright 8Principle 3: Principles of Interpretation 9
SECTION II Protection o the public domain 10
Principle 4: General principles 11Principle 5: Copyright duration 11
Section III Copyright exceptions 12
Principle 6: Fair dealing and derivative works 13Principle 7: The right to personal enjoyment of cultural goods 13
SECTION IV – Freedom o expression and copyrightenorcement in the digital environment 14
Principle 8: Disconnection from access to the Internet 15Principle 9: Filtering and blocking of content subject to copyright 15Principle 10: Intermediary liability and content removal 16Principle 11: Civil liability for copyright infringement 17Principle 12: Criminal liability 17
SECTION V – Measures promoting accessto knowledge and culture 19
Principle 13: Promoting access to knowledge and culture 20
SECTION VI – Transparency and accountabilityin copyright policy-making 21
Principle 14: Transparency and accountabilityin negotiation of international agreements 22Principle 15: Transparency and evidence in copyright policy-making 22
Appendix A 23
 
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Introductory statement
These Principles seek to establish a ramework which can beused to ensure rstly, that the right to reedom o expressionand the ability to share knowledge and culture are ullyprotected in the digital age; and secondly, that copyrightinterests do not unduly restrict them. The Principles also seekto promote positive measures which oster both the ree fowo inormation and ideas and greater access to knowledge andculture on the Internet and beyond.
The Principles were developed as a result o concerns that the undamental humanright to reedom o expression, guaranteed in UN and regional human rightsinstruments and nearly every national constitution, has been increasingly eroded onthe grounds o protecting copyright. The Internet has been at the centre o an alarmingexpansion o copyright claims at the expense o reedom o expression and, moregenerally, the protection o human rights. These Principles arm that the right toreedom o expression and the ree fow o inormation and ideas cannot be seen asmarginal to such developments.Freedom o expression – that is, the reedom o all people to seek, receive and impartinormation and ideas o all kinds - is the oundation o diversity within culturalexpression, creativity and innovation. It is, thereore, an essential part o the right toparticipate reely in the cultural lie o society, enjoying the arts and sharing in scienticadvancement: the very benets that copyright exists to promote.The Internet has radically changed the way in which people exchange inormation andideas. It has also presented serious challenges to the way in which copyright and relatedrights have traditionally been enorced: copies can be made available across borderson an unprecedented scale and at minimal cost. Copyright laws need to adapt to keeppace with digital technology; they need to adapt to consumer demand and culturalpractices in this global economy built on ideas and innovation. People have a legitimateexpectation that their undamental right to receive and impart inormation and ideaswill be ostered rather than restrained by copyright.As we show in these Principles, international law provides a basis or resolving theseissues. The Principles we set out here oer a progressive interpretation o internationallaw and o best practice in individual States, as refected, inter alia, in national lawsand the judgments o national courts.
 
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These Principles are the result o a series o consultations, organised by ARTICLE19, with high-level experts rom Arica, Latin America, North America, Europe andSouth Asia: activists, legal practitioners, academics and other experts in internationalhuman rights law on the reedom o expression and in copyright law. The consultationsincluded two expert meetings in London on 18 November 2011 and 7 December 2012and broader discussions around the drat that emerged rom those meetings.The Principles are intended to be used by individuals, activists, campaigners, legalpractitioners, intermediaries, judges, elected representatives and public ocials aroundthe world as they seek to protect and promote the right to reedom o expression.

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