Report of the Special Rapporteur in the Field of Cultural Rights “Copyright policy and the right to science and culture”, (A/HRC/28/57, 2014)In this report, preferably read in conjunction with the related reports on the right to enjoy the benefits of scientific progress and its applications (A/HRC/20/26) and on patent policy (A/70/279), the Special Rapporteur examines the increasing tension between intellectual property law and copyright and discusses the human right to science and culture. The Rapporteur goes on to make practical and wide-reaching proposals to balance the legitimate rights of authors and creators of scientific knowledge and cultural works with those of the wider public to benefit from scientific progress.
The Special Rapporteur points out in the report that existing copyright laws and intellectual property regimes, including those promulgated in trade agreements, favour commercial use, often by secondary rights holders, such as publishers, over the interests of authors, creators and the public, and states that “economic interests do not enjoy the status of human rights”.
The report states that from a human rights perspective, copyright policy and industry practices should be judged by how well they serve the interests of human authors in addition to the public’s interest in cultural participation. It considers scientific knowledge to be a public good, as access to scientific knowledge by all is a prerequisite for the individual’s realization of other human rights, such as the right to health, food, education and housing, and the emerging right to a clean environment.
UN Photo/Kari Berggrav, #325060