Freedom of artistic expression and the human rights act 1998 pdf

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freedom of artistic expression and the human rights act 1998 pdf

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Freedom of Artistic Expression

In this article, the author argues that, in the light of the EU legislation, conflicts between the freedom of expression and trade mark rights are often illusory. Indeed, in this debate we focus too quickly on the question of resolving a potential conflict, while EU trade mark law itself provides for limits that guarantee respect of the freedom of expression. It should also be borne in mind that commercial expressions enjoy a more restricted freedom since they serve private economic interests and not the interests of society as a whole. The freedom of commercial expression therefore needs to be limited by trade mark rights which are also fundamental rights, having equivalent value. Consequently, it seems unnecessary to envisage use related to the freedom of expression, of a sign reproducing or imitating a trade mark, as a specific limitation of trade mark rights, either in the speciality or in the field of enhanced protection of trade marks with a reputation. By their very nature, trade mark rights, which confer exclusivity of use of a sign on its proprietor, based on the concept of property rights to tangible objects, limit the freedom of trade and industry and the related freedom of competition of others. The monopoly resulting from registration Footnote 1 is nevertheless relative.

Freedom of Artistic Expression

Article 10 protects your right to hold your own opinions and to express them freely without government interference. This includes the right to express your views aloud for example through public protest and demonstrations or through:. The law also protects your freedom to receive information from other people by, for example, being part of an audience or reading a magazine. Public authorities may restrict this right if they can show that their action is lawful, necessary and proportionate in order to:. An authority may be allowed to restrict your freedom of expression if, for example, you express views that encourage racial or religious hatred.

Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. The freedom and pluralism of the media shall be respected. Article 11 corresponds to Article 10 of the European Convention on Human Rights, which reads as follows:. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary. Pursuant to Article 52 3 of the Charter, the meaning and scope of this right are the same as those guaranteed by the ECHR.


In what is arguably the first exhaustive book-length account of artists' rights, Paul Kearns V Freedom of Artistic Expression under the Human Rights Act


Freedom of Artistic Expression

This book is also available in other formats: View formats. Please note that ebooks are subject to tax and the final price may vary depending on your country of residence. This book presents a unique and comprehensive examination of the human and moral rights of artists. In what is arguably the first exhaustive book-length account of artists' rights, Paul Kearns explores the problems associated with censorship, both from philosophical and legal perspectives, and focuses on the various ways in which the morality of art is legally regulated in different jurisdictions. In relation to human rights, English, French and American law, the law of the European Convention on Human Rights, European Union law and public international law are all closely scrutinised to discover the extent to which they offer protection for artistic freedom.

Recent challenges to freedom of artistic expression in Hungary and Poland result in a growing need to refer to international and foreign case-law in order to make legal reasoning more profound and persuasive. Although it is not immune to criticism regarding the protection of freedom of expression, [3] the Canadian experience is indeed unique and grows in a specific soil, constituting the foundation of the Canadian constitutional system. Based on the Canadian Charter of Rights and Freedoms, the practice of the Canadian Supreme Court is inspiring; it includes some controversial cases, such as R.

EU Charter of Fundamental Rights

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