Copyright's ParadoxProviding a vital economic incentive for much of society's music, art, and literature, copyright is widely considered "the engine of free expression"--but it is also used to stifle news reporting, political commentary, historical scholarship, and even artistic expression. In Copyright's Paradox, Neil Weinstock Netanel explores the tensions between copyright law and free speech, revealing the unacceptable burdens on expression that copyright can impose. Tracing the conflict across both traditional and digital media, Netanel examines the remix and copying culture at the heart of current controversies related to the Google Book Search litigation, YouTube and MySpace, hip-hop music, and digital sampling. The author juxtaposes the dramatic expansion of copyright holders' proprietary control against the individual's newly found ability to digitally cut, paste, edit, remix, and distribute sound recordings, movies, TV programs, graphics, and texts the world over. He tests whether, in light of these and other developments, copyright still serves as a vital engine of free expression and assesses how copyright does--and does not--burden free speech. Taking First Amendment values as his lodestar, Netanel offers a crucial, timely call to redefine the limits of copyright so it can most effectively promote robust debate and expressive diversity--and he presents a definitive blueprint for how this can be accomplished. |
Contents
| 3 | |
| 13 | |
What Is Freedom of Speech? And How Does It Bear on Copyright? | 30 |
Copyrights Ungainly Expansion | 54 |
Is Copyright the Engine of Free Expression? | 81 |
Copyrights Free Speech Burdens | 109 |
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Alice Randall Amendment scrutiny Amendment values artistic audience authors broadcasters commercial Congress constitute consumer copy Copyright Act copyright holders copyright industries copyright infringement copyright law copyright owner copyright protection copyright term costs Cranston’s create creative appropriation culture deadweight loss digital technology dissemination distribution DMCA dominance economic Edwin Baker Eldred engine of free exclusive rights existing expression expressive diversity fair file sharing film free expression free speech Google Google’s Grokster incentive individuals Intellectual Property Internet license fee market power mass media media conglomerates media firms Mitchell’s motion picture movie Napster networks noncommercial original expression paracopyright peer-to-peer political popular price discrimination production propertarians proprietary copyright public discourse public domain publishers Randall’s record labels search engine sound recordings speakers speech burdens speech interest studios supra note system of free television today’s traditional University Press users Wind Done Gone Yochai Benkler YouTube