Digital Copyright Enforcement Measures and Their Human Rights Threats

RESEARCH HANDBOOK ON HUMAN RIGHTS AND INTELLECTUAL PROPERTY, Christophe Geiger, ed., Edward Elgar Publishing, 2015, Forthcoming

20 Pages Posted: 7 Dec 2013 Last revised: 20 Feb 2015

See all articles by Peter K. Yu

Peter K. Yu

Texas A&M University School of Law

Date Written: December 5, 2013

Abstract

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 been 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 either the European Union or 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.

Suggested Citation

Yu, Peter K., Digital Copyright Enforcement Measures and Their Human Rights Threats (December 5, 2013). RESEARCH HANDBOOK ON HUMAN RIGHTS AND INTELLECTUAL PROPERTY, Christophe Geiger, ed., Edward Elgar Publishing, 2015, Forthcoming. Available at SSRN: https://ssrn.com/abstract=2363945

Peter K. Yu (Contact Author)

Texas A&M University School of Law ( email )

1515 Commerce St.
Fort Worth, TX 76102
United States

HOME PAGE: http://www.peteryu.com/

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