Cerda Silva, Alberto Jacob Human rights and copyright: Human rights challenges to criminal and online copyright enforcement in Latin America., 2018 Ph.D. thesis (Doctor of Juridical Science) thesis, Georgetown University. [Thesis]
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English abstract
Copyright protection and human rights are in tension through Latin America. Historically, countries in the region have strained public interest in general, and human rights in particular, when implementing international commitments on intellectual property into their domestic law. This creates a risky situation today, when those countries are required to implement new commitments tailored for criminal and online enforcement, such as taking down online infringing content, criminalizing noncommercial infringement, and disconnecting copyright infringing users. This dissertation explores the challenges and advantages of the Latin American legal regime when regulating copyright enforcement through criminal law and in the online environments in compliance with human rights.
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