LAWS912 Human Rights And Intellectual Property Rights

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LAWS912 Human Rights And Intellectual Property Rights

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LAWS912 Human Rights And Intellectual Property Rights

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Course Code: LAWS912
University: Auckland University Of Technology is not sponsored or endorsed by this college or university

Country: New Zealand

Is treating image rights like intellectual property rights human rights-friendly?

In comparison to other living beings, human beings are greatly superior to others since they possess intellect, wisdom and other innovative ideas. These decorated human minds give birth to the intellectual property rights. Whenever this is properly exploited, wealth can be earned. This is a novelty in the minds of the people and is commonly known as intellectual property. Inventions, photographs, images industrial designs, literary and artistic works are all inclusive under this branch of law. They promote commerce and in totality called the intellectual property.
The word “copyright” is taken from the expression, ‘copier of words’ which was first used in the Oxford dictionary in 1856. Copyright refers to the rights of the authors who create new designs, artistic or literary works. These works also include the advanced computerized programs. It means the original creation which includes both tangible and intangible properties.
The convention establishing World Intellectual Property Organization, commonly called WIPO provides wider definitions of IPR. In spite of providing wider definitions, which is later discussed in the paper, the scope of Intellectual property rights has been widened by the Trade Related Intellectual Property or TRIPS. TRIPs includes within IPRs the rights of plant breeders, rights arising out of biodiversity, trade secrets and computer generated layout designs.
The fundamental aim behind this research is to establish the relationship between intellectual property rights, human rights, copyrights, TRIPs and image rights. There has been various multilateral agreements based on these. The arena of Universal Declaration of Human Rights and WIPO has also been covered. The targeted objectives of this research is to understand the image rights, human rights copyrights under the intellectual property right arena. It also targets to form an opinion regarding the legislative aspects of the image rights, copyrights and human rights with regard to the Universal Declaration of Human Rights. A basic idea of intellectual property right is given. The role of TRIPs and UDHR has been highlighted to enhance the ideas with regard to the discussed nominees.
After a close perusal of the above information regarding the paper the research question which arises is that how far under the intellectual property arena, the image rights and copyrights are related to the human rights?
About the paper
The current paper provides a wide range of information regarding the intellectual property rights. It throws light upon the knowledge as to what are intellectual property rights and how they are divided. It provides a basic idea about the definitions of intellectual property rights and the agencies with which it is related to. Since, the World Intellectual Property Organization or WIPO is a landmark for the foundation of the jurisprudence of intellectual property rights at the worldly level. The international agreements between WIPO and WTO that is the World Trade Organization lays its significance in establishing the targets of the paper. Furthermore, a binding global charter of intellectual property rights which is commonly known as the Trade Related Intellectual Property or TRIPs has been emphasized upon. The image rights or the rights relating to the images and photographs are further another part of the paper which deal with the protection of the rights of the owners or authors or the creators of the inventions. Unfortunately, image rights are not particularly defined anywhere to a specific extent but this paper enables the readers to form an idea with regard to the legislation of such rights, the claiming of the same and also the copyrights which dealing with such image rights and their difference with the image rights. The paper also throws light upon the human rights and their conventions. The photograph rights and their copyrights are also discussed to enable the readers to have a clear understanding as to the copyright law in the international sphere. The recognition and awareness of the human rights among the people is very important. Since the human rights are part and parcel of a happy living.
The paper is divided into the Following parts to enable a Clear understanding of the variations of the paper. These variations demarcate each topic with the other which help in understanding the paper in a better way. At first there is the introduction which throws light upon the what the paper deals with and what the various topics with which it would be dealing. The research aim and the target is then followed with a clear understanding of the parts and the significance of the paper. After that, the image rights has been discussed with a basic literature review for a better understanding. The copyright in photographs has been then discussed followed by the conclusion their distinctions.  One of major fundamental rights of the people that is human rights is then discussed with. The universal declaration of human rights along with the international multilateral agreements like TRIPs and WIPO are also constituted in this paper. The various legislations with regard to the above topics, privacy law combined with the moral and intellectual rights have been covered in this paper.
This paper throws light upon the relation between the intellectual property rights and the human rights according to the conventions. Whenever there is a right it becomes the duty of the state to protect. Such ideas and methods accompanied with their legislations are combined together in the paper to form a grave idea about innovation and technology. The articles of universal declaration of human rights have been looked into for further details and evidence. The law relating to copyrights throws light protecting the interests of the authors and the creators. The image rights, photograph rights are also a significant portion. The legislations which have been stated are at the international level which forms a very important part in the contemporary era. The trade agreements also provide valuable data in this regard. All these when combined and compared together, become a very significant paper and valuable document with regard to the intellectual property rights and the human rights.
Image rights are covered under the copyright which depict the pronouncement of a temperament in the general and popular parlance. The image of any person or anything which has been taken would remain under supervision with a guaranteed protection from getting copied or the rights of the author getting infringed. The law has designated to embrace security upon the creators rights and also helps that his talent is not copied randomly by any other person with a malicious intention. Securing the image of a person legally terms it to be a personage. It is contained under section 1 of the image rights ordinance act of 2012 which states personage as a natural or a legal human being or a person. It can also include more than one person coupled together or a community of persons. Fictional persons created by the creators are also covered under this domain.
Image rights are thus those rights which to provide security to the characters, temperaments of personalities in the ordinary parlance. It is a precious intellectual property right which aids in securing the character of a personality. The incorporate within itself a cluster of famous personality’s style, gait, mannerism, tone, facial expressions, sign manuals etc and all other temperamental things which build an individual to a particular character of he or she possesses. The basic logic behind protecting the image rights is that no persons individuality of how he is in the society should not be copied and stamped as somebody else. Image rights are recognized legally and have been given statutory recognition. Laws and ordinances have been framed by the government of Australia and New Zealand to enable the protection of the image rights of different people and personages. The image rights are incorporated as a strong base for signing into agreements, aiding in the protection of characteristic feature of distinct personalities. It also lays stress upon the regulating of taxes and building a personality in the global parlance.
However image rights have not been defined broadly and specifically in any sphere. The depiction of information has to be made from the legislations. Legislations have also been framed by the governments to frame laws against torts like passing off which is similar to the infringement of image rights. Image rights hold a very important position in the intellectual property right arena.
The Image Rights (Bailwick of Guernsey) Ordinance Act of 2012 is the main legislation which deals with image rights. As stated earlier section 1 of the ordinance act talks about personage, which is the primary ingredient of Image rights. The elements of the Image rights are contained under section 3 of the above stated Act. Section 3 states that, the possessor possesses the right to utilize to the maximum possible extent the personal ingredients of this his created and novel commodity. There is capitalization of the commodity to the maximum possible extent which justifiable use commercially. In other words, the use till the last moment for commercial purposes is absolutely justified. This version is accumulated in a type which can be printed. The accurate and up to date legislation is feasible to be followed. The assistance and help of the officers in intellectual property right law is required. The legislation should be devoid of humanly mistakes and these legislation must possess the corrected and accurate information about what the Royal Courts have decided prior to this. Section 4 of the Image Rights Ordinance Act of 2012 provides a short description of the main types which are included under a personage. The above are named in the following manner: the tone, fondness, nature, sign, characteristics, silhouette, gestures, expressions, mannerisms and any other feature which specifically peculiar to the ingredient of any personage. The expressions stated above include both direct, indirect, verbal and non verbal communications. Another queer feature regarding the Act which must be complied at all times is that an image or photograph or drawing or expression even in the electronic versions should mean only of that personage as is described by the illustration. No other person or personage should be included in it under the claiming of protection of image rights.
Claiming image rights 
For the claiming of the rightful image rights of persons, it is very essential that the process of registrations are complied with according to the laws of New Zealand. An application for the claim of registration is required to be made before the registrar of image rights under the intellectual property right Act. After the application is compiled to the application form is to be filed along with the requisite documents as a mode of evidence as to the image for which the registration is demanded for. The requisite fees should also be paid as per the processes penned down in the act or as per the instructions given by the Registrar of Office. The fulfilling of the above conditions would render the process of registration complete. However, before its completion, a scrutiny has to be made by the Registrar himself or by any officer appointed by him for the stated purpose. Once the registration process becomes complete, the image gets registered. Further when there is infringement, the image rights can be claimed.
There can be high probabilities that infringement is followed all around to deteriorate and create corruption in the image rights. But this can be prevented from the roots and a smooth and efficient functioning of novelty can be ensured. When copyright is issued in the image rights the chances of getting copied and infringement is numbed. But before a copyright is issued it is utmost necessary that a registration has been obtained. If the images are registered under the New Zealand Copyright Office then the advocate fees and statutory compensation of up to $ 150,000 with each infringement. Out of court settlements are also indulged for speedier remedies. Mediation, conciliation and other ways can be adopted as a suitable measure.
The people who take photographs and the people who use photographs often come across various challenges. Similar is the situation while the photographs are brought into the public. The paper throws light upon the statutory suggestions which are applied while clicking of photographs in relation to copyright articles, trademarks, patents and other persons. There are various rules and regulations penned down for the photographers particularly for this reason. However, when a suit is brought into the court, they are usually filed against the people who utilize the picture rather than the person who has taken the picture. All the business work which involve photography in their work process like packaging of commodities, marketing of commodities, advertising and using of the websites in the business organizations. Hence it is feasible to be known of all the proposed challenges. The laws which are prevalent in New Zealand are quite matching within the other countries. Though few distinctions can be spotted. These laws are enforceable upon every photographs, pictures and images. This rule happens across the whole world.
International Copyright Law
The photographs which are taken in the international spheres of business especially in the fields of advertising, fashion, exterior and interior designing, lifestyle pictures, images and photographs. In these artistic works, lucrative pieces of jewelry, stationary commodities, fashionable clothes, works of handicrafts, sculptures, toys and other artistic tangible items in the field of photographs. In order to prevent the infringement of novelty rights, copyright is highly recommended for the safety and security. The author of the copyright possesses the specific and only right to produce the copyright work again.  When a work of copyright is duplicated, it is known as the process of procreation or reproducing. Hence it must always be kept in the minds that whenever either intentionally or unintentionally a photograph is clicked, an antecedent authorization is of utmost need. If such consent is absent, it would amount to an infringement of copyright of photographs. This violation of rules of copyright of photographs would tend to create a ground for instituting a lawsuit and with the provision of damages. These damages include the expenses for the filing of lawsuits and other compensations.
When a photographer issues his photograph in the newspaper, to exemplify any article or news which is in regard to a certain gathering of the common parlance in the society. This photograph may comprise of a model under which a copyright has been obtained. This utilization of a photograph opens the path to proceed with the model which in turn does not provide an additional summary to the original subject matter. If, on the other hand, a person would click a photograph and that a similar model would be applied for the printing of them upon letters, postcards and other documents. This process would be furthered with the sale of those products and it would be termed as a means of violation of copyright.
The TRIPs agreement procreates a multilateral structure for the enforcing of all the intellectual property rights which had left to the different nations so that they could follow their personal laws. But after the evolution of trips, there were diverse changes which bought about a phenomenal outburst in the intellectual property right sector. The primary objectives of TRIPs helps in the downfall of all the obstructions, distortions which crop up in the international trade with the emergence of the promotion of effective and sufficient security to the IPRs. It further provides a multilateral structure incorporating various rules and regulations, principles and mechanisms when it is dealt with the international trade and commerce along with the counterfeit goods. The advanced requirements are catered to with the requirements of the domestic implementation. This provides maximum flexibility and it is successful in the creation of viable technological basis. The interstate disputes are resolved with regard to the intellectual property rights with a mutually supportive structure to create a balance between the relationships between the states. The framework of Trips include the following 73 articles which are further divided into 7 parts. The framework is given below:
Part I: General Provisions and basic principles (Articles 1 to 8)
Part II: Standard concerning the availability, scope and use of IPRs (minimum standards to be provided by each member country) (Articles 9 to 40)
Part III: Enforcement of intellectual property rights (Articles 41 to 61)
Part IV: Acquisition and maintenance of IPRs (Articles 62)
Part V: Dispute prevention and settlement (Articles 63 to 65)
Part VI: Transitional Arrangement (Articles 66 to 67)
Part VII: Institutional arrangements (Articles 68 to 73)
The security given by copyright under the TRIPs agreement is exceeded to the utterance and not only to the designs, mechanisms and procedures. The procedures of mathematical ideas and various theoretical calculations are inclusive under it. The various states who are members of this agreement possesses the duty to abide by all the rules and also the Berne convention. With the advancement of science and technology the evolving computer programs are also covered under the security and safety of copyright under the Trips convention. The computer programs are included under the literary works. On an equal footing, the creators of phonograms and organization of broadcasting would possess the specialized rights and also possesses the right to enjoy the work and also prevent the procreation of the programs of live performances on stage, prior unauthorized fixation, broadcasting or procreation of other concerts. The terms of security under New Zealand is a minimum period of 50 years.
Thus, TRIPs has been proved to be highly beneficial for the purpose of expanding the copyright rules and regulations across the globe and implementing faith within the people that their creation has the supreme right to be protected and be supreme throughout the designated span of time. The originals are preserved and not exposed to the treats of infringement from across the world. The Trips agreement too lays stress upon the registration process. TRIPs ensures that there arises minimum disputes with regard to the claims and the protections of the works. The agreement extends its arms to all kinds of work which include cinematography, literary, artistic, musical or any other sphere. TRIPS also provides for the accumulations of the facts under the copyrights of various works.
There is absence of any particular need to possess the prior permission of any person who is being photographed. But with the passage of time in the contemporary era, there can be times when, where a photo shoot is taking place or when a person or a thing is being photographed prior permission would be absolutely essential. This is because the interests and the benefits of the society and the nation is involved. It can also be said that the interests are at stake. The involvement of reasons like the protection of the nation, protection of the citizens of the nations including the women, children and the socio economically backward groups of people. Such kind of circumstances are always regulated by the central government of the specified nations. They are always regulated by the statutes and ordinance as framed by the legislature of the states. Adding to these, the rights of the people being photographed include the ethical and the unethical causes which affect natural justice and public morality. Few photographs could lead to the utilization of persons who deal with the truth or is often misinterpreted with certain notions. It ia always viable that a photographer should be aware of his legal rights and liabilities. There can arise situations wherein, a person is free to take the photographs of people without hesitation but the outcome of the use of such photographs could give the people the right and create a ground to file a suit against the photographer.
When the rights of the people are concerned under the intellectual property rights, people are not protected and secured like the law protects in the ordinary spheres of life. So it must be borne in mind by all persons that whenever a photograph or image or picture is clicked, the necessary precautions, permission and consent is essential to avoid the laws from being taken into action. Thus it can be rightfully stated that interfering with a person’s private life or disturbing their peace and security for personal use or for any kind of commercial benefit is to be treated as a malicious intention to commit a tort. It would be justified if legal action is taken against such discrepancies. As stated by the framework of the legislature, these are the rights of the people, for the people and they possess all options to protect themselves from any kind of infringement of their personal rights and liberties.
After a close scrutiny of the texts given above it is viable for every person who is interested in the photographic sessions of any other person or thing, that photographer should be enabled with sound knowledge, awareness and education regarding the rights and liabilities with regard to piracy and the privacy of persons and things. They should be made understood the importance of copyrights as to photographs under the sphere of intellectual property rights. A consent from beforehand is required from any object of the photography, whether the object is willing to provide for such publication. The ethical codes of conduct should be maintained voluntarily. If there happens a violation of the rules and regulations as prescribed by statutory organizations, the people have the right to litigation and receive compensation for the harm caused to them through the infringement of privacy in the intellectual property rights. The TRIPs agreement too is a milestone for such copyrights.
Human rights implications of treating Image rights like Intellectual property 
While going through the various theories of human rights issues it can be observed that copyright laws are not much present. The experts have guessed that there might have arisen a dispute within the boundary of intellectual property right. However such disputes are not new since a parity is needed to be maintained between the rights and liabilities. These disputes further relate to the implications of treating the Image rights in accordance with the intellectual property. An analysis can be stated to draw the freedoms of expression and information. The stereotyped ways to dealing with disputes has to be done away with from the commercialization of data. In the contemporary era, copyright has become an urgent criteria to resolve the disputes with regard to the smooth functioning of business phenomena. Copyright under this sphere refers to both the civil and criminal sides. With the evolution of TRIPs the levels of protection through copyrights have reached another level. The members of WTO has also joined the periphery to cooperate and contribute help in the necessary spheres of infringement and damages. The human rights are the basic rights of the people which ensure that the normal standards of living of the people are maintained and they have a happy life worth living.
The meeting of ideals of the two famous international agreements namely, TRIPs and WTO has advanced the modes of working. The traditional modes of settlement are being considered obsolete because they do not match with the modern day levels. The human rights have access to the cultural information as well. Referring to the articles of the Universal Declaration of Human rights, the basic understanding of human rights and their importance in the contemporary times are provided. The rights to privacy also holds great importance in this field as it contributes in the balancing of human rights along with the copyright protection in the arena of intellectual property right phenomena. The accumulation of ideals of the societies form the groups of the artists, experts, people relating to the movie industry or to the music industries are a part and parcel of this sphere upon whom the balance is maintained and regulated in the society.
It can be broadly stated that copyright was introduced in the society to protect and is a sign of the aiding of humans. This can be called the backdrop of human rights.  The famous fair use doctrine has been cited to establish the relationship between human rights and image rights along with intellectual property right. With regard to the law of New Zealand relating to the copyrights there has been diversification with regard to the various concepts of human rights with regard to the intellectual property rights. But these have been found way with as there has been a competent legislation to swipe away with the disputes and bring in a peaceful environment with the balance of culture with art and protection. All accumulated and complied with the basic human rights facilities to provide comfort to the people.
Moral rights 
Etymologically speaking, moral rights are those which are related to morality and in the ethical sense. They are those rights which belong to the author of a work which has been copyrighted and has been identified under the civil law. Under the moral rights, the rights of acknowledgement, credit and ethics. It mainly deals with the conservation of the work done by its author, to be conserved under his name with honesty and without infringement from any side.
Photographer in a private event
The common law mostly allows a photographer who is taking pictures, images or photographs during the occurrence of a private event without any breach. A prior permission is not essential in this matter. If the photographs are being used completely for personal or private reasons then, then no consent is required whatsoever. An example for this purpose states that while clicking a photograph of an image or a painted canvas only for the purpose of displaying such image in the personal residence or office or any other enclosed space for private reason then such a situation would not create a violation in the copyright law as there no illegal intention or purpose.
Thus in a private event, no laws are violated under the intellectual property rights scheme because the requirement of a permission for personal use is secondary under the statutory law of the nations. The laws in New Zealand abides by such rules and regulations. In other words, there stands a liberal outlook towards the rights of photographers in a private event. It must also be understood that during an event which is private, only those people are invited who are close or have personal relations. Keeping such a scenario in mind, the photographers who are a part of this event cannot be prosecuted for malicious intervention through their photography. Unless published outside there does not take place any infringement of copyright under the intellectual property rights.
Every photographer hired for the particular purposes, have full right to protect themselves from the offences committed under the intellectual property right law. Apart from these they also possess the general defenses to keep themselves under security from being punished. In order to secure themselves from the prosecution, there are certain rules which every photographer should keep in mind whenever it is viable for him. A previous authorization from the subject of the photography is always desired to provide protection from the breach of the existing laws. A better tool would be to obtain written authorization. A written document over a verbal agreement is always preferred and also, always a better evidence in the suits filed in court.  Under such a case, there can arise certain situations where a previous consent of the subject has not been received in both ways that is in the written manner as well as in the verbal manner, then it would be the duty of the photographer to make the subject aware that he would be photographed by providing an abdication at the bottom of the document created by the photographer.
Receiving a license or being a licensed photographer is a defense by itself. Possession of a license itself renders a person the authority to perform certain tasks which others cannot who does not possess such license.
False cases of prosecution are often reported against photographers for their indiscriminate use of photography but under such false cases, a photographer should have the awareness of his rights and duties. He should be legally sane to understand the limitations and the extent of his task performance. Apart from the things said above, the rights of the photographer includes that he can in no way be sued if he is using the photograph clicked completely for private and personal reasons. If there is no publication and broadcasting of the subject in the public domain, without previous authorization there remains no ground for the violation and breach of law. However if there arises a factor as to clicking of photographs for the purpose of publication or defamation without prior consent ample grounds are created for the infringement of copyright is created and the offender would be liable to compensation for his breach. Moreover, if the factors of identity and whether the subject lives or not adds to the grounds of infringement under the intellectual property rights law. The photographers also possess the rights not to be sued in cases where he or she could use the photograph for commercial utilization with previous consent. In other words, it means that no photographer can be sued in the courts of law for the violation of copyright under the intellectual property right laws if he has obtained previous authorization from the authority and used them for commercial uses. When a photographer sells or hires or provides for rent in consideration of a pecuniary benefit, then he creates his liability to be sued in the courts of law for the violation of rules under the copyright act.
There are certain rights which are integral for every human being on this earth to survive and to have a happy life with his family. These rights ensure that the people remain healthy and maintain sanity from the stage of birth till the stage of death in their span.
Human rights are those rights which are an integral part and parcel in the life of a human being. These rights are conferred upon the people irrespective of their race, caste, sex, religion, nationality. These rights are basic right from the time of birth of humans beings. The arena of human rights are very wide and it incorporates in itself the right to privacy, the right to life, the right to liberty. It also includes the right to live peacefully without oppression, bonded labor, slavery, unnecessary punishment etc. these rights are based upon the principle of morality, public peace and natural justice. They set a certain level of norms of how the human beings should behave with each other in a society and also to enhance the smooth process of functioning of working and living together like sophisticated beings.
When a person is photographed it is an understood idea that such a person has been photographed after he has voluntarily granted his permission to do so. Being a private entity one cannot be photographed unless permitted to. This is because of the prevalence of the right to privacy. The legal rights of the person photographed must be kept in mind along with the moral aspects. These issues are different from the copyright matters and has possibility upon posing preventions into taking photographs or publishing them or transmitting them from one place to another. A photographer thus does not possess any right or obligation to exploit the rights of the person who is photographed. The permission of the person is of key importance in order to deal with the photographic concepts. Especially when the photo or image or picture would be put to use commercially. However such constraints are put upon factors when the person photographed is living and there is possibility of recognition by the others in the society.
Thus, while putting consideration upon whether a person photographed that is the subject possesses the human right of prevention from getting published depends completely upon recognition, authority and the status of being alive.
The law of privacy means giving a person the adequate space to live independently and without any kind of imposition or oppression from the others who are also residing in the society along with him. It comprises of formulating, preserving and utilization of unique individualistic data which can be recognized with regard to a particular individual. Such data is preserved and can be further utilized by the statutory authorities for various purposes. The law of privacy guarantees a justifiable space in private so that they live like they want to.
Thus, the privacy law formulates the wants of the persons of the society to perform their tasks as independently as possible without causing interference or disturbance in the lives of others. The taking of photographs of a subject without the previous consent of the subject would lead to a violation in the right to privacy. Publishing a photograph or using it commercially is contrary to the rights of privacy of persons under the intellectual property rights. The provision of privilege to people by respecting their private space is maintaining the law of privacy.
Privacy is considered to be a primary right obtained by every human being to live peacefully in a society. The privacy law has been recognized by the Universal Declaration Of Human Rights since it promotes the nobility amongst humans, and also ensures the key ingredients to live in liberty and independence. The history has witnessed past events of oppression, unfairness, inequity for which there has been immense sufferance. In order to outgrow the sad past the contemporary authorities have made privacy law a human right in order to compensate for the deplorable experiences that took place in the past. Apart from this, it aids in the enforcement of digitalization of the world and by supporting electronic trade and commerce. In order to be at par with the developed nations, privacy law is a part and parcel of the human rights framework. The challenges to privacy can be sorted by it being incorporated as a human right with the increased globalization, intervention of media and other factors.
Being under the sphere of the human rights all kinds of privacy rights are incorporated under it. Privacy regarding geographical factors, data and personal information are all inclusive under it. The evolution of the securing of information has reaped its own benefits in the long run.
The Universal Declaration of Human Rights was first established in the year 1948 for the promotion and establishment of human rights in the world at large. Different nations have voluntarily joined the declaration and it is mandatory for them to abide by all the rules and regulations set forth by them.
Apart from the above there have been several enactments and agreements put forward and signed by the government of New Zealand to  establish the objectives it has set forth with regard to the intellectual property rights.  
The Committee on Economic, Social and Cultural Rights poses a check upon the formulation of the international agreements, rules and regulations on the economic, social and cultural aspects. New Zealand has the duty to provide accurate reports regarding its work after a span of every five years to the CESCR. The 4th government report was presented in May 2017 by such a committee based upon the issues of the legislations based on human rights.
Being a primary right and also a human right the right to privacy has carved its way out with time to gain importance. Under the law of privacy, every possesses the absolute right to stay in seclusion and perform all the rightful duties and functions advised to do and to refrain from doing all those functions which he statutory authority has prevented from doing without the interference of any other human being in the society. The rights under privacy ensure that the people live peacefully without being questioned or imposed upon by the others as to the performance of his own duties. The person under this right possesses has the right to live with dignity, honor and liberty. Possessing these rights also imposes a duty to perform all the functions lawfully according to the laws of the nation. Infringement upon the rights under privacy is punishable in the courts of law. Depending upon the brevity of the interference, amount of compensation would be imposed to make good the loss of the other. There has evolve gradually with time various treaties and covenants in support of the above rights under privacy. The provision of rights under the privacy law makes the law more dynamic and susceptible for the citizens to abide by them without revolting thoughts.
Human Rights of an author of a photo (Photographer)
Just like the subject of the photograph possesses certain rights, the person who is taking the photograph that is the author of the photograph too possesses certain rights which protect him from the indiscriminate and malicious prosecution in the courts of law. Human rights which are provided to the people should be in equality of its status. Thus it must be conferred upon all the people irrespective of the position they hold in the market.
When the creator or the author of a photograph complies with all the conditions suitable to obtain the permission with a free consent then a situation arises wherein he can protect his creation without any unlawful interference from the public domain. When previous consent has been obtained by the author from the person whose is photographed and such a consent has been obtained voluntarily that is in the absence of coercion, undue influence misrepresentation, fraud or mistake it can be stated that the author has confined to all the conditions. His right cannot be abridged. Apart from these, if he has done the same without the intention of causing defamation or unscrupulous commercial advantage without the consent of the subject such right cannot be exercised. In case the object remains recognized and alive and consent has been obtained freely, the author of the photograph possesses all the rights to preserve his creation. The right to privacy would be applicable to him so that his rights are not infringed and his artistic work is not copied by anyone else. The ethical side should be looked into in support of the author.
The Universal Declaration of Human Rights has also created space to support this view. Article 27(2) of the declaration states that all persons have the equal right to enjoy the fruitful benefits of human rights. This right is conferred upon all irrespective of the minorities or other inhibitions relating to class, caste, sex religion etc. article 15 (1)(c) of the International Covenant on Economic Social Cultural Rights lays stress upon the fact the no form of neglect can be accepted to promote the equality under the human rights. The minorities are also benefitted under this scheme under the multilateral outlook of ICESCR. The modes of communication have also improved in between the minor communities for the promotion of the human rights in the society so that reaches all.
Human rights are thus general rights which are possessed by all on an equal footing devoid of any kind of discrimination in the society. The intellectual property rights too are divided and can be claimed by all persons. The copyright is provided for the protection of the creation of an artistic work by the creator in avoid the infringement of their rights in the near future. With regard to the rights relating to photographs, images or pictures, similar rights prevail in the society giving the photographer as well as the subject of the photography to possess these rights and live like a free and responsible citizen. The laws prevalent in New Zealand are similar to that of the English common law. Human rights give the basic idea of living peacefully in a sane society. The rights to ensure the standard of living is in a better state the human rights are guaranteed to the citizens for their benefits and easy living. The right to privacy is also included under the human rights arena. Many international treaties and agreements have evolved with time in support of the human rights policy to ensure that the human beings live happily.
However it has been seen that many people are not aware of their rights and become ready to compromise under the toughest situations. For such a situation, it is recommended that the government of New Zealand, especially the department of education should undertake measures to incorporate the awareness of human rights and their importance in the schools, universities and colleges. For those who do not attend schools, seminars and interactive awareness programs can be started by human resource department to educate the common mass and make them aware of their rights. The recreation minister should lay down steps to so that the media can actively participate in spreading and broadcasting information about human rights to the public in general. These recommendations would create in the minds of the public an awareness of the human rights and how their creations can be protected. The internet should publish more articles in the social media to encourage people about it. The search engines on the internet could be used for publishing articles, stories and documentaries to make the general mass more aware of the importance of these rights. Abiding by the above recommendations would create an awareness successfully in the society to ensure that people become responsible citizens, act responsibly towards each other and follow the statutes according to framework of the legislation.
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Jack Donnelly Universal human rights in theory and practice (Cornell University Press, 2013) at ch 1
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Kyle, Margaret, and Yi Qian. Intellectual property rights and access to innovation: evidence from TRIPS. No. w20799. National Bureau of Economic Research, 2014.
Lee, Joo-Young A human rights framework for intellectual property, innovation and access to medicines (Routledge, 2016) at ch 3
Mackey, Alison and Susan M. Gass Second language research: Methodology and design (Routledge, 2015) at ch 2
Moore, Adam. Intellectual property and information control: philosophic foundations and contemporary issues. Routledge, 2017.
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