NDLI: “Tank Man II” : Decision of the Constitutional Court (Ústavný súd SR) 30 September 2014

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“Tank Man II” : Decision of the Constitutional Court (Ústavný súd SR) 30 September 2014 – Case No. II. ÚS 647/2014

Content Provider	Springer Nature Link
Copyright Year	2015
Abstract	1. The Copyright Act grants authors various exclusive rights with respect to certain uses of their works by third parties for a limited time. Since the author hereby acquires a right to prohibit the dissemination of his work by others, the rights that are granted to him have to be viewed as a form of limitation of the general freedom of expression. 2. Copyright law aims at creating the legal framework for formation of conditions for artistic photographers by temporarily lending them certain rights in their creations. A necessity of their consent in the use of the works then helps to secure their livelihood. Thanks to this, the authors do not have to rely on the support of powerful interests, but can create their creations freely and then exploit them at their discretion on the market. 3. The reason why copyright law does not include subjects such as daily news under its protection has its basis in freedom of expression. The aim is to exclude an exclusive right of a single person in the kinds of subjects that by their nature could unreasonably stifle public discussion. Freedom of expression here extends into the ordinary law of copyright. 4. Since the exception on reporting on current events is a point where freedom of expression extends into the copyright law, the interpretation used does not have to be in anyway restrictive, on the contrary, it must follow the societal aim it is supposed to serve. 5. The Constitution in its Art. 43(1) creates a framework for freedom of scientific research and freedom of art. The Constitution binds the state to create certain material conditions for inventors and creations in order to promote freedom of art and scientific research. It does so by lending them various rights in the results of their intellectual creations in the public interest. It is up to the state to decide how it will materialize this obligation. Copyright law is just one of the possible means. In any case, any provided protection is not the aim in itself, but only means to achieve the societal goal of progress of science and art. 6. Article 43(2) of the Constitution limits the means of protection provided by guaranteeing the right of the public to access the cultural heritage. The public interest is thus not only the reason for creation, but also a source of limitation of the protection provided to inventors and creators. The legislative formulation of this principle in copyright law is time limitation of the rights of the author, their clear scope and also exceptions and limitations. 7. An interference is of a different systematic intensity if it occurs “only” by the situational grant of constitutionally non-conforming remedies than in the case of repeated grant of protection in the subject, which constitutionally unacceptably limits the freedom of expression in every circumstance. A multi-layered construction of copyright law suitably allows balancing of the individual cases of constitutional unreasonableness on its several levels.
Starting Page	729
Ending Page	734
Page Count	6
File Format	PDF
ISSN	00189855
Journal	IIC - International Review of Intellectual Property and Competition Law
Volume Number	46
Issue Number	6
e-ISSN	21950237
Language	English
Publisher	Springer Berlin Heidelberg
Publisher Date	2015-09-03
Publisher Place	Berlin, Heidelberg
Access Restriction	One Nation One Subscription (ONOS)
Subject Keyword	Access to cultural heritage Originality Freedom of expression Interpretation of copyright exceptions Constitutional copyright clause International IT and Media Law, Intellectual Property Law Moral rights
Content Type	Text
Resource Type	Case study
Subject	Political Science and International Relations Law

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
6	Contents and Copyright Issues	Queries related to content curation and copyright issues	content@ndl.gov.in
7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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