Collective Management of Copyright and Human Rights: An Uneasy Alliance

COLLECTIVE MANAGEMENT OF COPYRIGHT AND RELATED RIGHTS, pp. 85-114, Daniel J. Gervais, ed., Kluwer Law International, 2006

Vanderbilt Law School, Public Law and Legal Theory Research Paper Series No. 05-28

30 Pages Posted: 5 Oct 2005

See all articles by Laurence Helfer

Laurence Helfer

Duke University School of Law; University of Copenhagen - iCourts - Centre of Excellence for International Courts

Abstract

This essay explores the relevance of the intellectual property provisions of the International Covenant on Economic Social and Cultural Rights (ICESCR) to the collective administration of copyright and neighboring rights in general and to the policies and practices of collective rights organizations (CROs) in particular. Until recently, the ICESCR's intellectual provisions were all but unexplored. Within the last year, however, these treaty clauses have been extensively analyzed by the United Nations Committee on Economic, Social and Cultural Rights. The Committee has produced a draft general comment on ICESCR Article 15(1)(c), "the right of everyone to benefit from the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author." The draft suggests the outlines of an emerging human rights framework for intellectual property, one aspect of which - a human rights framework for collective administration of copyright - I analyze in this essay.

Suggested Citation

Helfer, Laurence, Collective Management of Copyright and Human Rights: An Uneasy Alliance. COLLECTIVE MANAGEMENT OF COPYRIGHT AND RELATED RIGHTS, pp. 85-114, Daniel J. Gervais, ed., Kluwer Law International, 2006; Vanderbilt Law School, Public Law and Legal Theory Research Paper Series No. 05-28. Available at SSRN: https://ssrn.com/abstract=816984

Laurence Helfer (Contact Author)

Duke University School of Law ( email )

210 Science Dr.
Box 90360
Durham, NC 27708
United States
+1-919-613-8573 (Phone)

HOME PAGE: http://law.duke.edu/fac/helfer/

University of Copenhagen - iCourts - Centre of Excellence for International Courts ( email )

University of Copenhagen Faculty of Law
Karen Blixens Plads 16
Copenhagen S, DK-2300
Denmark

HOME PAGE: http://jura.ku.dk/icourts/

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