Historical Background and Implications for Author‘s Rights in the International Bill of Human Rights
The author’s rights or creators’ rights found in Article 27 of the Universal Declaration of Human Rights and Article 15(1)(c) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) cover all scientific, literary, or artistic productions. These articles provide creators with t...
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Korea Institute of Intellectual Property
2024-06-01
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| Series: | Journal of Intellectual Property |
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| Online Access: | https://jip.or.kr/1902-03/ |
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| author | Inhye Lee |
| author_facet | Inhye Lee |
| author_sort | Inhye Lee |
| collection | DOAJ |
| description | The author’s rights or creators’ rights found in Article 27 of the Universal Declaration of Human Rights and Article 15(1)(c) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) cover all scientific, literary, or artistic productions. These articles provide creators with the right to fair remuneration for their labor (material interests), as well as the protection of their moral interests in their productions.
This right is notable in international human rights instruments because it includes a specific group of individuals (intellectual workers) in the ICESCR. It is particularly significant because it recognizes the right of authors to protect their moral and material interests as a social and economic right that can require the state to ensure a minimum standard of living.
However, it should be recognized that the author’s right of the ICESCR is not the same as the author’s right under intellectual property rights (IPRs). It differs in that it protects only individual creativity, excluding the social functions inherent in IPRs. It is solely the right from a human rights perspective, focusing on the protection of human dignity and creativity. It is also remarkable in terms of ensuring the effectiveness of creators’ protection in the international arena. |
| format | Article |
| id | doaj-art-7150a69efad84d6a812e0068fa2dce72 |
| institution | OA Journals |
| issn | 1975-5945 2733-8487 |
| language | English |
| publishDate | 2024-06-01 |
| publisher | Korea Institute of Intellectual Property |
| record_format | Article |
| series | Journal of Intellectual Property |
| spelling | doaj-art-7150a69efad84d6a812e0068fa2dce722025-08-20T01:51:13ZengKorea Institute of Intellectual PropertyJournal of Intellectual Property1975-59452733-84872024-06-01192457310.34122/jip.2024.19.2.45Historical Background and Implications for Author‘s Rights in the International Bill of Human RightsInhye Lee0Senior Researcher, Korea Institute of Intellectual Property, Republic of KoreaThe author’s rights or creators’ rights found in Article 27 of the Universal Declaration of Human Rights and Article 15(1)(c) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) cover all scientific, literary, or artistic productions. These articles provide creators with the right to fair remuneration for their labor (material interests), as well as the protection of their moral interests in their productions. This right is notable in international human rights instruments because it includes a specific group of individuals (intellectual workers) in the ICESCR. It is particularly significant because it recognizes the right of authors to protect their moral and material interests as a social and economic right that can require the state to ensure a minimum standard of living. However, it should be recognized that the author’s right of the ICESCR is not the same as the author’s right under intellectual property rights (IPRs). It differs in that it protects only individual creativity, excluding the social functions inherent in IPRs. It is solely the right from a human rights perspective, focusing on the protection of human dignity and creativity. It is also remarkable in terms of ensuring the effectiveness of creators’ protection in the international arena.https://jip.or.kr/1902-03/author‘s rightcreators’ rightright to scienceinternational covenant on economicsocial and cultural rights(icescr)udhrintellectual propertytravaux preparatoires |
| spellingShingle | Inhye Lee Historical Background and Implications for Author‘s Rights in the International Bill of Human Rights Journal of Intellectual Property author‘s right creators’ right right to science international covenant on economic social and cultural rights(icescr) udhr intellectual property travaux preparatoires |
| title | Historical Background and Implications for Author‘s Rights in the International Bill of Human Rights |
| title_full | Historical Background and Implications for Author‘s Rights in the International Bill of Human Rights |
| title_fullStr | Historical Background and Implications for Author‘s Rights in the International Bill of Human Rights |
| title_full_unstemmed | Historical Background and Implications for Author‘s Rights in the International Bill of Human Rights |
| title_short | Historical Background and Implications for Author‘s Rights in the International Bill of Human Rights |
| title_sort | historical background and implications for author s rights in the international bill of human rights |
| topic | author‘s right creators’ right right to science international covenant on economic social and cultural rights(icescr) udhr intellectual property travaux preparatoires |
| url | https://jip.or.kr/1902-03/ |
| work_keys_str_mv | AT inhyelee historicalbackgroundandimplicationsforauthorsrightsintheinternationalbillofhumanrights |