| dc.description.abstract | It is sometimes suggested that authors’ rights are protected under international human rights law. This claim is often supported by reference to the “creators’ rights” established under Article 27(2) of the Universal Declaration of Human Rights (UDHR) and Article 15(1)(c) of the International Covenant on Economic Social and Cultural Rights (ICESCR). If authors’ rights, as established in international copyright law, were indeed human rights, claims to the universalism of copyright norms would be significantly reinforced as, in addition to the obligations imposed by international agreements such as the Berne Convention and Agreement on Trade Related Aspects of Intellectual Property (TRIPS) , states would assume duties to protect authors under human rights instruments. Such duties would not be limited by an author’s nationality, as is currently the case with international copyright agreements, and individual creators might, in certain circumstances, be entitled to bring proceedings directly against states for failure to comply with their obligations to protect creators’ rights. Within such a system, the concept of “creators’ rights” in human rights law would also be expected to play a role in shaping policy at international and national level, as an important element within a pluralist international acquis. Is it true, then, that the authors’ rights protected under copyright laws are synonymous with the creators’ rights protected in human rights law? If not, what is the relationship between the two sets of rights? These are the issues explored in this chapter. | en_US |
