Steven D. Jamar (Howard University School of Law) has posted “A Social Justice Perspective on the Role of Copyright in Realizing International Human Rights”, Pacific McGeorge Global Business & Development Law Journal, Vol. 24, 2011. Here is the abstract:
This article examines the role of copyright in mediating the access to information with particular emphasis on special aspects arising in the context of the Internet and information technologies from the perspective of social justice principles of inclusion and empowerment. If copyright law, policy, and administration are properly calibrated to address competing and complementary interests, it can be an engine for inclusion and empowerment. Alternatively, if not calibrated properly, copyright can be a brake upon both inclusion and empowerment in the exercise of civil and political rights as well as in the progressive realization of economic, social, and cultural rights.
The article examines attributes of copyright law from the perspective of advancing inclusion and empowerment through tuning copyright law and practice to mesh with the international human right of access to information.
Download a copy of the article via SSRN here.