Written by a team of leading scholars and practitioners, this book analyzes the potential for interaction and conflict between copyright and free speech. Recent examples include the series of First Amendment challenges that have been brought against the US Digital Millennium Copyright Act and Ashdown v. Telegraph Group in the UK. The analysis draws upon a wide variety of viewpoints and jurisdictions to provide a sustained study of the subject suitable for use by both practitioners and academics.
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 Fran??ois 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 ConslC5