The Right to Receive Information Under Article 10 of the ECHR: An Investigation from a Copyright Perspective
Herr, Robin E. , The Right to Receive Information Under Article 10 of the ECHR: An Investigation from a Copyright Perspective, Juridiska Föreningen i Finland, JFT / no. 2 (2011), pp. 193-211. Available at SSRN: http://ssrn.com/abstract=1787085
19 Pages Posted: 21 Mar 2011 Last revised: 11 Feb 2013
Date Written: March 15, 2011
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.
Note: This is the original manuscript.
Keywords: Copyright, IP, Right to Receive Information, Article 10, European Court of Human Rights
JEL Classification: K39
Suggested Citation: Suggested Citation