Zohar Efroni

in Access-Right

Published in print December 2010 | ISBN: 9780199734078
Published online January 2011 | e-ISBN: 9780199866137 | DOI:

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Two principal missions underlay the discussion in this chapter. First, it scrutinizes the notion of “access to information” and translates it into a vocabulary that property law can process and analyze. Second, the analysis explored three main routes as potential legal sources to rights-of-access: copyright law, free speech law, and human rights law. It concludes that positive copyright law itself does not provide a solid and sufficiently explicit basis for such rights. Also the remaining routes have proven to a large extent unable to safeguard rights-of-access, especially when the information at issue is subject to copyright exclusivity.

Keywords: access to information; property law; copyright law; free speech law; human rights law

Chapter.  34719 words.  Illustrated.

Subjects: Public International Law

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