Knowledge society and freedom of expression
by Jose De Oliveira Ascensao
International Journal of Intellectual Property Management (IJIPM), Vol. 4, No. 1/2, 2010

Abstract: This article proposes an analysis of the current debate on the interface between freedom of expression, information society and copyright, particularly in respect to the right to access and use of works in digital environment. The author recalls the importance of the constitutional origins of the right of expression and copyright protection, such as the establishment of the intellectual property clause in US Constitution and its counterpart in the Portuguese Constitution of 1976. In addition he traces the constraints to the right to access in digital environment, which are fundamentally based on the enforcement of technological devices for protection of copyright, 'sui generis rights' over database content and further developments of the exclusive granted to the right holders. When not properly adjusted to the information society requirements, copyright appears to become a Malthusian instrument, liquidating the potential for dissemination of information and culture in the digital age.

Online publication date: Tue, 01-Dec-2009

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