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Copyright and Free Speech - Comparative and International Analyses (Hardcover, New)
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Copyright and Free Speech - Comparative and International Analyses (Hardcover, New)
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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 celebres 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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