Freedom of Expression and Idea-Expression Dichotomy

Autor: Mehdi Zahedi, shirin sharifzadeh
Jazyk: perština
Rok vydání: 2021
Předmět:
Zdroj: Faṣlnāmah-i Pizhūhish-i Huqūq-i ̒Umūmī, Vol 23, Iss 71, Pp 95-127 (2021)
Druh dokumentu: article
ISSN: 2345-6116
2476-6216
DOI: 10.22054/qjpl.2021.56622.2518
Popis: Freedom of expression includes the freedom to express, access and dissemination of information, whereas copyright, by protecting the original works of authorship, restricts use, access and dissemination of the protected works. When an expression is protected by copyright, freedom of expression or press can be restricted. Some are of the opinion that these two rights are, in fact, not in conflict with each other but rather derived from the same social values seeking to protect each right. Common goals such as flow of cultural ideas or promoting creativity in the society causes interaction and synergy between the two. Idea-expression dichotomy by determining the scope of the copyright and distinguishing what belongs to the public domain, which is not a protected, will ensure a constructive interaction between the two and protects the public interest and dose not restrict freedom of expression. This article will discuss how to strike a balance between the public interest in freedom of expression and the private interests of the copyright owners without undermining the other. Idea-expression dichotomy as a counterbalance between these two rights is the cornerstone of this article.
Databáze: Directory of Open Access Journals