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Access-RightThe Future of Digital Copyright Law$
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Zohar Efroni

Print publication date: 2010

Print ISBN-13: 9780199734078

Published to Oxford Scholarship Online: January 2011

DOI: 10.1093/acprof:oso/9780199734078.001.0001

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(p.125) 3 Access

Zohar Efroni

Oxford University Press

Two principal missions underlay the discussion in this chapter. First, it scrutinizes the notion of “access to information” and translates it into a vocabulary that property law can process and analyze. Second, the analysis explored three main routes as potential legal sources to rights-of-access: copyright law, free speech law, and human rights law. It concludes that positive copyright law itself does not provide a solid and sufficiently explicit basis for such rights. Also the remaining routes have proven to a large extent unable to safeguard rights-of-access, especially when the information at issue is subject to copyright exclusivity.

Keywords:   access to information, property law, copyright law, free speech law, human rights law

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