Copyright's Impact on Free Expression Rights

[Commentary] Exclusive rights conferred by intellectual property laws can conflict with human rights. Yet policy makers rarely acknowledge this possibility and continue to make IP rules that increase the scope of exclusive rights.

In a recent decision the European Court of Human Rights (ECHR) disagreed, recognizing that copyright laws can have an adverse impact on the freedom of expression. Scholars point out that the court is likely to hear more such cases in future. The case in question is Ashby Donald and Others v. France. The case concerned three photographers who had taken photos at fashion shows in Paris and posted them on the Internet site, Viewfinder. It appears that under French law, the photographers required the fashion house’s permission to post these photos. Because that permission was not obtained, the French courts ruled that the posting amounted to copyright infringement. The photographers were ordered to pay fines totaling 250,000 euros. They appealed to the European Court of Human Rights (ECHR) arguing that their conviction violated their free expression rights guaranteed under Article 10 of the European Convention.