The United States Supreme Court famously labeled copyright "the
engine of free expression" because it provides a vital economic
incentive for much of the literature, commentary, music, art, and
film that makes up our public discourse. Yet today's copyright law
also does the opposite--it is often used to quash news reporting,
political commentary, church dissent, historical scholarship,
cultural critique, and artistic expression.
In Copyright's Paradox, Neil Weinstock Netanel explores the
tensions between copyright law and free speech, revealing how
copyright can impose unacceptable burdens on expression. Netanel
provides concrete illustrations of how copyright often prevents
speakers from effectively conveying their message, tracing this
conflict across both traditional and digital media and considering
current controversies such as the remix and copying culture rampant
on YouTube and MySpace, hip-hop music and digital sampling, and the
Google Book Search litigation. 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 developments and others, copyright still serves as a vital
engine of free expression and he assesses how copyright does--and
does not--burden speech. Taking First Amendment values as his
lodestar, Netanel argues that copyright should be limited to how it
can best promote robust debate and expressive diversity, and he
presents a blueprint for how that can be accomplished.
Copyright and free speech will always stand in sometension. But
there are ways in which copyright can continue to serve as an
engine of free expression while leaving ample room for speakers to
build on copyrighted works to convey their message, express their
personal commitments, and create new art. This book shows us how.
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