Abstract

http://ssrn.com/abstract=2363945
 


 



Digital Copyright Enforcement Measures and Their Human Rights Threats


Peter K. Yu


Drake University Law School

December 5, 2013

HUMAN RIGHTS AND INTELLECTUAL PROPERTY: FROM CONCEPTS TO PRACTICE, Christophe Geiger, ed., Edward Elgar Publishing, 2014, Forthcoming

Abstract:     
Commissioned for a handbook on human rights and intellectual property, this chapter examines the human rights threats posed by those digital copyright enforcement measures that have been incorporated into both domestic laws and international agreements. It begins by providing an overview of the various human rights that have been implicated by these measures. The chapter then briefly discusses those specific measures that have deemed highly threatening from a human rights standpoint. Although these measures were drawn largely from international agreements, most notably the Anti-Counterfeiting Trade Agreement (ACTA), many of them originate in domestic laws in the European Union and the United States.

This chapter concludes with two case studies. The first study focuses on the so-called ‘graduated response’ system, which has been introduced in Chile, France, Ireland, South Korea, Taiwan and the United States and explored in New Zealand and the United Kingdom. This study illustrates the specific challenges brought about by one of the most draconian copyright enforcement measures ever created for the internet. The second study focuses on the active push by copyright holders and their supportive governments for provisions in ACTA that promote greater enforcement of intellectual property rights in the digital environment. This study highlights the systemic human rights challenges posed by non-multilateral trade agreements.

Number of Pages in PDF File: 20

Accepted Paper Series


Download This Paper

Date posted: December 7, 2013 ; Last revised: December 9, 2013

Suggested Citation

Yu, Peter K., Digital Copyright Enforcement Measures and Their Human Rights Threats (December 5, 2013). HUMAN RIGHTS AND INTELLECTUAL PROPERTY: FROM CONCEPTS TO PRACTICE, Christophe Geiger, ed., Edward Elgar Publishing, 2014, Forthcoming. Available at SSRN: http://ssrn.com/abstract=2363945

Contact Information

Peter K. Yu (Contact Author)
Drake University Law School ( email )
151 Cartwright Hall
2507 University Avenue
Des Moines, IA 50311
United States
(515) 271-2948 (Phone)
(515) 271-2530 (Fax)
HOME PAGE: http://www.peteryu.com
Feedback to SSRN


Paper statistics
Abstract Views: 641
Downloads: 145
Download Rank: 117,398
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.234 seconds