E/C.12/GC/17
page 4
8.
Although the wording of article 15, paragraph 1 (c), generally refers to the individual
creator (“everyone”, “he”, “author”), the right to benefit from the protection of the moral and
material interests resulting from one’s scientific, literary or artistic productions can, under certain
circumstances, also be enjoyed by groups of individuals or by communities.10
“Any scientific, literary or artistic production”
9.
The Committee considers that “any scientific, literary or artistic production”, within the
meaning of article 15, paragraph 1 (c), refers to creations of the human mind, that is to “scientific
productions”, such as scientific publications and innovations, including knowledge, innovations
and practices of indigenous and local communities, and “literary and artistic productions”, such
as, inter alia, poems, novels, paintings, sculptures, musical compositions, theatrical and
cinematographic works, performances and oral traditions.
“Benefit from the protection”
10.
The Committee considers that article 15, paragraph 1 (c), recognizes the right of authors
to benefit from some kind of protection of the moral and material interests resulting from their
scientific, literary or artistic productions, without specifying the modalities of such protection.
In order not to render this provision devoid of any meaning, the protection afforded needs to be
effective in securing for authors the moral and material interests resulting from their productions.
However, the protection under article 15, paragraph 1 (c), need not necessarily reflect the level
and means of protection found in present copyright, patent and other intellectual property
regimes, as long as the protection available is suited to secure for authors the moral and material
interests resulting from their productions, as defined in paragraphs 12 to 16 below.
11.
The Committee observes that, by recognizing the right of everyone to “benefit from the
protection” of the moral and material interests resulting from one’s scientific, literary or artistic
productions, article 15, paragraph 1 (c), by no means prevents States parties from adopting
higher protection standards in international treaties on the protection of the moral and material
interests of authors or in their domestic laws,11 provided that these standards do not unjustifiably
limit the enjoyment by others of their rights under the Covenant.12
“Moral interests”
12.
The protection of the “moral interests” of authors was one of the main concerns of the
drafters of article 27, paragraph 2, of the Universal Declaration of Human Rights: “Authors of
all artistic, literary, scientific works and inventors shall retain, in addition to just remuneration of
their labour, a moral right on their work and/or discovery which shall not disappear, even after
such a work shall have become the common property of mankind.”13 Their intention was to
proclaim the intrinsically personal character of every creation of the human mind and the
ensuing durable link between creators and their creations.
13.
In line with the drafting history of article 27, paragraph 2, of the Universal Declaration of
Human Rights and article 15, paragraph 1 (c), of the Covenant, the Committee considers that
“moral interests” in article 15, paragraph 1 (c), include the right of authors to be recognized as