[pp.int.general] "Natural" law
r.bakels at planet.nl
Wed Jan 7 17:39:37 CET 2009
>>> The exception conditions are lawyer stuff, not suited for politics.
>> The exception conditions have to be decided by sovereigns -i.e.,
>> citizens-, and lawyers are just part of citizens.
> Furthermore, as there are no /exceptions/, but balance between human
> rights -e.g., privacy is not an /exception/ of law enforcement-, and
> coming back to the /language arena/, I would suggest to change this from
> 2001/29/CE Directive:
> "/Chapter II: Rights and exceptions/"
> "/Exceptions and limitations/"
> No way: if the citizens' enjoyment of culture is in UDHR (27.1) as well as
> author's rights are (27.2), then the citizens' interests on culture are
> not limitations nor exceptions to the author's rights, but rights with
> full entity, *citizens' rights on culture*.
I referred to provisions in the ECHR like 1(2), 4(4), 7(2), 8(2), 9(2),
10(2) and 11(2). They all define when the human rights (usually in
subsection 1) do not apply, not only in procedural terms (who is entitled to
decide), but also subject to a specific purpose, generally involving a
"pressing social need in a democratic society".
The limitations of copyright are something else. Perhaps the word "limits"
would have been more appriopriate. It is actually a matter of legislative
drafting technique, first to note the rights of the author in general terms,
and then to specify exceptions. It is easier to say that something applies
in all cases from 1-10 except 5, than that it applies in case
1,2,3,4,6,7,8,9,10. But the effect is the same.
Art. 10 ECHR (the freedom of information provision) allows exceptions
withthe following text: "No restrictions shall be placed on the exercise of
these rights other than such as are prescribed by law and are necessary in a
democratic society in the interests of national security or public safety,
for the prevention of disorder or crime, for the protection of health or
morals or for the protection of the rights and freedoms of others. This
article shall not prevent the imposition of lawful restrictions on the
exercise of these rights by members of the armed forces, of the police or of
the administration of the State."
Which allows - in my perspective - to restrict access to documents on the
basis of (a reasonable) copyright.
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