Great article. I agree with everything.
There is a tendency, though, among copyright lovers to downplay that copyright and other human rights at times will collide. Exemptions and limitations of copyright are crucial for it’s existence. Last year in december there was a UN report regarding this. It emphasized that from a human right perspective there must be a clear distinction between human authors and corporate rights holders. This because the economic interests of corporate right holders do not enjoy the status of human rights. So the way forward is probably not to talk about stronger or weaker copyright law, in general. It is more likely that there will be a shift towards stronger protection, when it comes to human authors, but weaker when it comes to corporate right holders.
Here are a few quotes from the report:
“Significant uncertainty remains, nonetheless, on how to resolve the potential tensions between intellectual property laws and human rights”
“Striking the appropriate balance between these two goals is the central challenge”
“Moreover and importantly, both cultural participation and protection of authorship are human rights principles designed to work in tandem.”
“Corporate rights holders play an essential role in the cultural economy.”
“Nonetheless, their economic interests do not enjoy the status of human rights”
“From the human rights perspective, copyright policy and industry practices must be judged by how well they serve the interests of human authors, as well as the public’s interest in cultural participation.”
“Designing copyright law to promote the material interests of authors requires nuance. “Stronger” copyright protection does not necessarily advance the material interests of creators.”
“An appropriate balance is crucial, recognizing that creators are both supported and constrained by copyright rules.”
Read it in full here: