"Enforcement" del diritto d'autore e libertà di espressione dinanzi alla Corte europea dei diritti umani

This article examines the judgment of the European Court of Human Rights Ashby Donald and Others v. France. The Court stated that a conviction based on copyright law can be considered as an interference with the right of freedom of expression, therefore affirming that it is necessary an external test to assess the consistency of intellectual property enforcement with fundamental rights. Notwithstanding some concerns, especially that this test is weakened due to the wide margin of appreciation, it has to be hoped that the Court will exercise a rigorous control on that consistency.