| Reviews |
| - 'a substantial collection of papers by authors of distinction on a fascinating subject. The scholarship distilled is impressive...has been skilfully edited and well indexed to make it of great value to researchers. It is a book which can be read with interest in its entirety and would be a useful addition to any law library.' - Robyn Durie, Convergence
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| Description | | - A rigorous comparative and international investigation of the relationship between copyright and free speech, covering key jurisdictions such as the US, the UK, Canada, Australia and the EU
- The contributors are leading scholars and practitioners from the UK, the US and Europe, thereby offering a rounded and reliable analysis of the subject
- Deals comprehensively with a very topical subject, including access to information, digital challenges, and human rights
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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 their
recognition 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 of First Amendment challenges that have been brought against the United States Digital Millennium Copyright Act. The recent causes celèbres not only highlight the antagonistic relationship between copyright and free speech but also prominently depict the
potential conflict between public and private interests 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 of international 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 no sustained 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 from both theoretical and practical perspectives.
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Readership: Practitioners and academics in the field of copyright and free speech worldwide, both on a comparative and international level. It is also of interest to those working in the legal and socio-economic areas of intellectual property, digital rights, information law, human rights and competition.
| Contents |
Preface
,
Lord Justice Jacob
Introduction
,
Jonathan Griffiths and Uma Suthersanen
Part A: Mapping the Conflict
Freedom of expression from a copyright lawyer's perspective
,
Gerald Dworkin
Copyright and free speech theory
,
Eric Barendt
Commodification and cultural ownership
,
Fiona Macmillan
Moral rights and freedom of expression
,
Jonathan Griffiths
New versus old authors and the problem of private censorship: Looking behind the texts
,
Wendy Gordon
Part B: National and International Perspectives
The impact of the Human Rights Act 1998 on British copyright law
,
Kevin Garnett
Copyright law and the first amendment
,
Neil Netanel
Copyright and free speech in Canada
,
Ysolde Gendreau
Copyright and free speech in Australia
,
Robert Burrell and James Stellios
Freedom of expression and copyright under the civil law
,
Alain Strowel and Francois Tulken
Perspectives from developing regions
The nexus between human rights and international copyright law
,
Uma Suthersanen
Part C: In the Digital World
Ownership of digital media and free speech
,
Hubert Best
Databases - the relationship between the Human Rights Act and EU law
,
Jeremy Phillips
Contracting out of copyright in the Information Society - the impact on freedom of expression
,
Thomas Dreier
Constitutional remits of the Digital Millennium Copyright Act
,
Raymond T. Nimmer
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| Authors, editors,
and contributors |
Edited by Jonathan Griffiths, Senior Lecturer in Law, Queen Mary, University of London and
Uma Suthersanen, Senior Fellow and Senior Lecturer, Department of Law, Queen Mary, University of London
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The specification in this catalogue, including without
limitation price, format, extent, number of illustrations,
and month of publication, was as accurate as
possible at the time the catalogue was compiled.
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