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The Right to Take Part in Cultural Life: On Copyright and Human RightsLea ShaverIndiana University Robert H. McKinney School of Law Caterina SgangaCentral European University (CEU) - Department of Legal Studies; CEU Business School July 21, 2009 Wisconsin International Law Journal, Vol. 27, p. 637, 2009 Abstract: Article 15(1)(a) of the International Covenant on Economic Social and Cultural Rights - a source of binding law in 160 countries - recognizes “the right of everyone to take part in cultural life.” This provision, however, has so far been little interpreted. This short essay suggests how lawmakers and jurists might give meaning to the right to take part in cultural life, with particular attention to issues arising in an age of digital culture. The authors conclude that the right to take part in cultural life should be understood in terms of the ability to access, enjoy, engage, and extend upon a common cultural inheritance and that realizing this right will require significant reforms in international intellectual property law.
Number of Pages in PDF File: 26 Keywords: human rights, cultural rights, free culture, Article 15, ICESCR, socio-economic rights, copyright, intellectual property, digital culture Accepted Paper SeriesDate posted: July 23, 2009 ; Last revised: June 5, 2012Suggested Citation |
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