Abstract

PEREDA MIRABAL, Ana María. Copyright vs right of access to culture: seeking the fair balance. Universidad y Sociedad [online]. 2020, vol.12, n.3, pp. 151-159.  Epub June 02, 2020. ISSN 2218-3620.

The article intends to systematize the criteria that guarantee the balance that must exist between copyright and the right of access to culture, based on the consideration of both as human and fundamental rights; Methods such as legal history and doctrinal legal analysis are used to achieve this claim. The study carried out allows us to conclude that the copyright approach is imposed as a human and fundamental right, empowering the creator of the works that integrate the culture of each nation and of humanity as the holder of moral and heritage faculties; right that is not isolated from the one that assists all people to be able to access and enjoy these creations, either by making use of the limits established by copyright or by exercising one's own right to free creation.

Keywords : Copyright; right of access to culture; fair balance.

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