Conceptualizing a 'Right to Research' and its Implications for Copyright Law: An International and European Perspective

86 Pages Posted: 24 Apr 2023

See all articles by Christophe Geiger

Christophe Geiger

Luiss Guido Carli University

Bernd Justin Jütte

University College Dublin - Sutherland School of Law; Vytautas Magnus University - Faculty of Law

Date Written: April 10, 2023

Abstract

Copyright, at international, European, and national levels, does not provide a legal framework that prioritizes enabling and incentivizing research using protected works and information to the extent necessary and desirable in a digital, data-driven society in order to build a sustainable ecosystem for innovation and creativity. While small progress has been made, for example with the recent introduction of specific exceptions for research purposes and for text and data mining in certain national legislations as well as in the European Union law, a horizontal approach towards a more research-friendly copyright ecosystem has so far failed to evolve. By revisiting international and European human and fundamental rights instruments as well as the aims and objectives of the European Union, it is possible to distill research as a constitutional and ethical imperative. Conceptualizing a fundamental “Right to Research” and integrating it into a constitutional dialogue provides a convincing argument to rethink copyright towards a research-oriented normative system.

Keywords: copyright, fundamental rights, human rights, freedom of expression, right to research

Suggested Citation

Geiger, Christophe and Jütte, Bernd Justin, Conceptualizing a 'Right to Research' and its Implications for Copyright Law: An International and European Perspective (April 10, 2023). Forthcoming, 38(1) American University International Law Review (2023), 1-86, Available at SSRN: https://ssrn.com/abstract=4414085

Christophe Geiger

Luiss Guido Carli University ( email )

Department of Law, Via Parenzo, 11
Rome, Roma 00198
Italy

HOME PAGE: http://giurisprudenza.luiss.it/docenti/cv/353993

Bernd Justin Jütte (Contact Author)

University College Dublin - Sutherland School of Law ( email )

Belfield
Dublin
Ireland

Vytautas Magnus University - Faculty of Law ( email )

K. Donelaičio g. 58
Kaunas, LT-44248
Lithuania

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