Queensland's institutional digital repository (The University of Queensland) · 2003 · 20 citations · 0 references
LawConstitutional LawIntellectual Property LawCopyright LawFreedom Of ExpressionIntellectual PropertyEuropean LawIntellectual Property ProtectionIntellectual Property RightsInternational Copyright LawInternational Human Rights LawCopyrightable ExpressionProtectable Expression
Over the last 30 years increasing attention has been given to the relationship between freedom of expression and copyright protection. Judicial responses in the United Kingdom and by the European Court of Human Rights have either denied the existence of any tension between the two interests or have displayed a reluctance to reconcile the two interests in a principled way. This article discusses the inherent difficulties in achieving a reconciliation between the two interests and emphasises the role of the legislature in making that assessment. This article also evaluates the reconciliation of the two interests within United Kingdom copyright law and foreshadows the implications for Australia.