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Article
The Right to Take Part in Cultural Life: On Copyright and Human Rights
Wisconsin International Law Journal (2009)
  • Lea Shaver
  • Caterina Sganga
Abstract

Article 15(1)(a) of the International Covenant on Economic Social and Cultural Rights—a source of binding law in 160 countries—recognizes “the right of everyone to take part in cultural life.” This provision, however, has so far been little interpreted. This essay suggests how lawmakers and jurists might give meaning to the right to take part in cultural life, with particular attention to issues arising in an age of digital culture. The authors conclude that the right to take part in cultural life should be understood in terms of the ability to access, enjoy, engage, and extend upon a common cultural inheritance and that realizing this right will require significant reforms in international intellectual property law.

Keywords
  • human rights,
  • intellectual property,
  • copyright,
  • ICESCR,
  • CESCR,
  • socioeconomic rights,
  • authors,
  • access to knowledge,
  • open access,
  • Internet,
  • Creative Commons,
  • creativity,
  • science and culture
Publication Date
2009
Citation Information
Lea Shaver and Caterina Sganga. "The Right to Take Part in Cultural Life: On Copyright and Human Rights" Wisconsin International Law Journal Vol. 27 (2009)
Available at: http://works.bepress.com/shaver/2/