Wednesday, January 8, 2014
Peter K. Yu, Drake University Law School, has published Digital Copyright Enforcement Measures and Their Human Rights Threats in Human Rights and Intellectual Property: From Concepts to Practice (Christophe Geiger ed., Edward Elgar Publishing, 2014). Here is the abstract.
Commissioned for a handbook on human rights and intellectual property, 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 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 the European Union and 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.
Download the essay from SSRN at the link.