مجلة القانون، المجتمع والسلطة
Volume 15, Numéro 2, Pages 56-71
2026-09-20
Striking A Balance Between The Right To Knowledge And The Protection Of Copyright In The Digital Environment: An Analysis In Light Of International Law And Algerian Legislation
Authors : Abdeddaim Samira .
Abstract
The digital revolution has brought about a radical transformation in knowledge and its disseminated. Whereas it was previously made available to the public on traditional physical media, thanks to the digitisation of intellectual works, it is now presented in modern digital formats. This has necessitated a re-evaluation of the relationship between knowledge and the legal texts that govern copyright protection. Given that these works contain scientific knowledge and confer economic and moral rights on their creators, which are legally protected, it has become difficult to regulate the enjoyment of these rights by authors and their heirs without infringing the fundamental rights and freedoms of individuals and society regarding the free use of scientific knowledge. While access to knowledge is one of the fundamental pillars of human rights and comprehensive development, copyright protection is a legal necessity for promoting innovation and creativity. Against this backdrop, this study analysed the transformations undergone by the concept of knowledge in the digital environment. It also assessed the effectiveness of international and national legal texts in balancing the right of individuals to acquire and utilise knowledge, as determined by positive law, with the protection of copyright arising from the legal protection of intellectual creations. The study also proposed new technical and legal mechanisms designed to re-establish this balance in the digital age.
Keywords
the right to knowledge; legal protection of copyright; international conventions; Algerian legislation; striking a balance.
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