Copyright and Free Speech: Comparative and International Analyses

Hardcover | June 3, 2005

EditorJonathan Griffiths, Uma Suthersanen

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Written by a team of leading scholars and practitioners in the fields of copyright and free speech, this work analyses the potential for interaction and conflict between the two rights. Free speech is the lifeblood of any democracy. As John Stuart Mill stated, "In government, perfect freedom of discussion in all its modes - speaking, writing, and printing - in law and in fact is the first requisite of good because the first condition of popular intelligence and mental progress."(Letter by John Stuart Mill, 18 March, 1840) Copyright, on the other hand, represent a property regime which protects human creativity as manifested in all types of expressions such as literary works, paintings and music. Both these notions, copyright and free speech, are united in the fact of theirrecognition as fundamental freedoms of all individuals within the national, regional and international framework of human rights. However, the rights are also antithetical in nature, giving rise to both political and jurisprudential tensions. These tensions have become recently accentuated by the advent of legislative developments. Both in the United States and within the European Union, legal commentators argue that recent copyright legislation has paid insufficient regard to free speech. This concern is underlined by the series ofFirst Amendment challenges that have been brought against the United States Digital Millennium Copyright Act. The recent causes celebres not only highlight the antagonistic relationship between copyright and free speech but also prominently depict the potential conflict between public and privateinterests in information - the Dead Sea Scrolls decision (Israel), the Wind Done Gone, Eldred and DeCSS cases (United States) and the Hyde Park v Yelland and Ashdown v Telegraph Group (United Kingdom). A further query which requires attention is the impact of the growing significance ofinternational copyright law for the developing world.The raised profile of these conflicts has resulted in an increasing amount of attention from academe and the legal profession. Some of the authors of this volume have made influential contributions and are directly involved, both legally and politically, in the debate. There has, however, been nosustained study of the conflict across a variety of different jurisdictions. 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 fromboth theoretical and practical perspectives.

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Written by a team of leading scholars and practitioners in the fields of copyright and free speech, this work analyses the potential for interaction and conflict between the two rights. Free speech is the lifeblood of any democracy. As John Stuart Mill stated, "In government, perfect freedom of discussion in all its modes - speaking, w...

Jonathan Griffiths is a qualified solicitor and from 1993 to 2000 he was employed as a lecturer and senior lecturer at Nottingham Law School, Nottingham Trent University. He joined the Department of Law at Queen Mary, University of London, in January 2001. His research interests are in the areas of intellectual property (particularly ...

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Format:HardcoverDimensions:474 pages, 9.21 × 6.14 × 1.18 inPublished:June 3, 2005Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199276048

ISBN - 13:9780199276042

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Table of Contents

Lord Justice Jacob: Preface1. Jonathan Griffiths and Uma Suthersanen: IntroductionPart A: Mapping the Conflict2. Eric Barendt: Copyright and free speech theory3. Fiona Macmillan: Commodification and cultural ownership4. Wendy Gordon: Copyright norms and the problem of private censorship5. Uma Suthersanen: Towards an international public interest rule? Human rights and international copyright lawPart B: National Perspectives6. Neil Netanel: Copyright and the First Amendment7. Gerald Dworkin: Copyright, the public interest and freedom of speech8. Kevin Garnett QC: The impact of the Human Rights Act 1998 on United Kingdom copyright law9. Jonathan Griffiths: Not such a 'timid thing' - the UK's integrity right and freedom of expression10. Ysolde Gendreau: Canadian copyright law and its Charters11. Robert Burrell and James Stellios: Copyright and freedom of political communication in Australia12. Alain Strowel and Francois Tulken: Freedom of expression and copyright under the civil law13. Mira Sundara Rajan: Copyright and free speech in transition: the Russian experiencePart C: The Digital World14. Raymond T. Nimmer: First Amendment speech and the Digital Millennium Copyright Act: a proper marriage15. Thomas Dreier: Contracting out of copyright in the Information Society - the impact on freedom of expression16. Jeremy Phillips: Databases, the Human Rights Act and EU law

Editorial Reviews

`...the Oxford University Press publication is without doubt the better collection...the Oxford collection provides us with an ultimately richer and more rewarding read, and precisely because the essays and commentaries therein rub against and spark off each other...the editors involved inproducing both collections are to be congratulated. Nevertheless, as suggested by the all too brief commentary above, it is Griffiths and Suthersanen to whom the warmest plaudits must go.'Ronan Deazley (University of Durham), European Intellectual Property Review