The Transnational Human Rights Review

Document Type


English Abstract

This paper examines the intersection of the framing of copyright law in Canada from the perspective of human rights. The study seeks to reconcile the rights of creators with public access to content. Asserting that copyright law is not a human right but a means to uphold the inherent human rights of both creators and the public. This study explores the legal instruments that articulate a copyright framework that aims to achieve the reconciliation of the rights of creators and the public. The discussion begins with the roots of copyright in Canada, tracing back to the Statute of Anne, and moves through its evolution to the present day. The core argument centers on the essential human rights that copyright law impacts, proposing an approach that prioritizes the public interest as well as acknowledging that creators deserve reward for their creativity. Through an analysis divided into six sections, the paper delves into the concept and progression of copyright in Canada, scrutinizes the purpose and scope of exclusive rights and exceptions, reviews copyright within the human rights context, and suggests a reconciliation of the divergent interests of creators, and the public. The conclusion synthesizes these discussions, offering insights into the framing of copyright law grounded in upholding the rights of both the creators and the public.

Included in

Law Commons