IPKAT MUSING: COPYRIGHT CHANGES AND FREE SPEECH

The UK courts have argued in Ashdown v Daily Telegraph , Hyde Park Residences v Yelland and Imutran v Uncaged Campaigns that they should not consider Article 10 of the European Convention on Human Rights (which guarantees freedom of speech) directly when they are deciding what the public interests exceptions are to the enforcement of copyright. The reason given for this is the right of free of speech has been sufficiently provided for in advance by the specific defences to copyright infringement listed in the Act. However, the new Copyright Regulations limit these defences. The IPKat wonders whether the courts will still assume that the streamlined defences meet the UK’s Article 10 ECHR obligations, or whether they will feel the need to reassess the situation.


IPKAT MUSING: COPYRIGHT CHANGES AND FREE SPEECH <strong>IPKAT MUSING: COPYRIGHT CHANGES AND FREE SPEECH</strong> Reviewed by Jeremy and Ilanah on Tuesday, November 04, 2003 Rating: 5

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