Violation of the dignity of religious communities in the interpretation of the Constitutional Court in the field of personality rights

Abstract

In the present study, we examine the issues related to the freedom of artistic expression and creation, with paying particular attention to its intersections of copyright and personality rights. Firstly, we examine the meaning of the freedom of art, which is a right deriving from the freedom of expression, and it connects to creativity, creation, and culture. The legal analysis of these terms is not an easy task, but it seems clear that intellectual freedom and artistic (self)expression deserves the legal protection. However, the legal protection is not unlimited, in our study we examine the copyright and personal rights issues of works created by artistic freedom. The analysis is based on the case law of the European Court of Human Rights and the most important Hungarian and various European judgments. In our study, we examine the limits of artistic freedom imposed by personality rights and copyright law, and we show the framework and possibilities of the exercise of artistic freedom and artistic self-expression in the 21st century, which opens new frontiers by the technological development in this area as well.