Copyright and Free Speech: Comparative and International AnalysesJonathan Griffiths, Uma Suthersanen The essays in this book are concerned with the complex relationship between copyright law and the right to freedom of speech. Copyright protection has been described as the 'engine of free speech', allowing creators sufficient independence to express themselves without restraint. However, copyright interests can also function as instruments of censorship. In this volume, this paradox is examined from a variety of different perspectives and in the context of a number of different jurisdictions. The relationship between intellectual property and free speech has recently become the focus of considerable academic and judicial interest. Some have argued that legislative responses to new communication technologies, resulting in the strengthening of the rights of copyright owners, have unjustifiably threatened free-speech interests. In a number of cases, such as Eldred v Ashcroft in the United States and Ashdown v Telegraph Group Ltd in the United Kingdom, these arguments have been advanced in high-profile legal proceedings. This book addresses the copyright / free speech relationship within a comparative and international legal framework. Moreover, the key questions regarding access to information and the digital challenges are addressed from both theoretical and practical perspectives. |
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Contents
List of Contributors | xxi |
Tables of Cases | xxvii |
Tables of National Primary and Secondary Legislation | xxxvii |
Copyright | |
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action Amendment applied approach argued argument artistic Australian authors balance breach Charter claim communication concerns considered constitutional context Convention copy Copyright Act copyright law corporations Court created creative criticism Ct of Apps cultural database decision defence discussion distribution DMCA doctrine economic effect European example exceptions existing extend fact fair dealing free speech freedom of expression freedom of speech fundamental further granted held Human Rights ideas important individual infringement injunction integrity Intellectual Property interpretation issue legislation limited material matter means moral moral rights nature necessary noted owner particular person political possible prevent principles property rights protection provisions public interest published question reason recognized regard regulation relation reporting reputation restrictions result rule scope social society Soviet suggest tion tort trade treatment University values