Article 27 of the Universal Declaration, Preserving Individual Rights or Mechanism for Support Collective Ones

Abstract in English

Copyright law based on the notion of utilitarian justifications in some countries. lawyers have tried to represent this notion as a pillar of its modern kind. In this sense, its main is to benefit society as a whole. The main projection of utilitarian justifications is mostly in either their constitution laws or other legal instruments to legislate as well as regulate copyright laws to improve the progress of science and useful art. The one of the controversial issues in this regard links to relationship between copyright and human rights. It seems the utilitarian objective reflected in the copyright clause both could serve as the lowest common outlet of consensus with regarding to the general goal of copyright law, and at the same time sustain natural law considerations. Introduction of the underpinnings of Article 27 into national copyright law is also suitable and proper in terms of the mentality that the interpretation of national laws and regulations, including the constitutional clauses, should be assisted by human rights norms and rules, especially if such interpretation involves similar rights. Article 26 of Universal Declaration and the right of society as a whole are not mutually exclusive. Both of them play key role in the terms of performing the legal nature of copyright law.