E/C.12/GC/17
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take part in cultural life (art. 15, para. 1 (a)), the right to enjoy the benefits of scientific progress
and its applications (art. 15, para. 1 (b)), and the freedom indispensable for scientific research
and creative activity (art. 15, para. 3). The relationship between these rights and article 15,
paragraph 1 (c), is at the same time mutually reinforcing and reciprocally limitative. The
limitations imposed on the right of authors to benefit from the protection of the moral and
material interests resulting from their scientific, literary and artistic productions by virtue of
these rights will partly be explored in this general comment, partly in separate general comments
on article 15, paragraphs 1 (a) and (b) and 3, of the Covenant. As a material safeguard for the
freedom of scientific research and creative activity, guaranteed under article 15, paragraph 3 and
article 15, paragraph 1 (c), also has an economic dimension and is, therefore, closely linked to
the rights to the opportunity to gain one’s living by work which one freely chooses (art. 6,
para. 1) and to adequate remuneration (art. 7 (a)), and to the human right to an adequate standard
of living (art. 11, para. 1). Moreover, the realization of article 15, paragraph 1 (c), is dependent
on the enjoyment of other human rights guaranteed in the International Bill of Human Rights and
other international and regional instruments, such as the right to own property alone as well as in
association with others,2 the freedom of expression including the freedom to seek, receive and
impart information and ideas of all kinds,3 the right to the full development of the human
personality,4 and rights of cultural participation,5 including cultural rights of specific groups.6
5.
With a view to assisting States parties’ implementation of the Covenant and fulfilment of
their reporting obligations, this general comment focuses on the normative content of article 15,
paragraph 1 (c) (Part I), States parties’ obligations (Part II), violations (Part III) and
implementation at the national level (Part IV), while the obligations of actors other than States
parties are addressed in Part V.
II. NORMATIVE CONTENT OF ARTICLE 15, PARAGRAPH 1 (c)
6.
Article 15, paragraph 1, enumerates, in three paragraphs, three rights covering different
aspects of cultural participation, including the right of everyone to benefit from the protection of
the moral and material interests resulting from any scientific, literary or artistic production of
which he or she is the author (art. 15, para. 1 (c)), without explicitly defining the content and
scope of this right. Therefore, each of the elements of article 15, paragraph 1 (c), requires
interpretation.
Elements of article 15, paragraph 1 (c)
“Author”
7.
The Committee considers that only the “author”, namely the creator, whether man or
woman, individual or group of individuals,7 of scientific, literary or artistic productions, such
as, inter alia, writers and artists, can be the beneficiary of the protection of article 15,
paragraph 1 (c). This follows from the words “everyone”, “he” and “author”, which indicate that
the drafters of that article seemed to have believed authors of scientific, literary or artistic
productions to be natural persons,8 without at that time realizing that they could also be groups of
individuals. Under the existing international treaty protection regimes, legal entities are included
among the holders of intellectual property rights. However, as noted above, their entitlements,
because of their different nature, are not protected at the level of human rights.9