The Right to Access to Information and Copyright in Cyberspace

Copyright or author’s right and right to access to information have become common discourses in cyberspace. There is an apparent or real tension between the two, since copyright grants to its holderchr('39')s exclusive rights to control access to information contained in their works while everyone’s right to access to information as a manifestation of the fundamental right of freedom of expression requires access to information. The tension, once confined to domestic level, has recently captured international attention due to advances and expansion of communication technologies and digitization of copyrighted materials. WIPO was the first international body to notice the tension and express the idea that the historical mechanism of exceptions and limitations to copyright is capable of solving the potential conflict. But the adequacy of this mechanism is faced with challenges stemming from various factors.

This paper will argue that the traditional mechanism needs reinforcement through a pro-right to access approach to exceptions and limitations to copyright, on the one hand, and the States’ obligations to respect, protect and fulfill the human right to access to information on the other.