Abstract

http://ssrn.com/abstract=1271004
 
 

Footnotes (222)



 


 



A Free Speech Theory of Copyright


Steven J. Horowitz


Sidley Austin LLP

September 19, 2008

2009 Stanford Technology Law Review 2

Abstract:     
Copyright is a system of federal regulation that empowers private actors to silence others, yet no one seriously doubts that copyright is consistent in principle with the First Amendment freedom of speech. Scholars and courts have tried to resolve the tension between exclusive rights in expression and free speech in one of two ways: some appeal to copyright's built-in accommodations to suppress any independent First Amendment analysis, while others apply standard First Amendment tests to evaluate whether and where copyright becomes an unconstitutional burden on speech. Neither of these approaches properly appreciates the constitutional balance struck at the Framing between the Copyright Clause and the First Amendment. This Article develops a free speech theory of copyright informed by this balance. I advocate thinking of Copyright Clause's limits as free speech limits, giving them the force of an individual right.

Number of Pages in PDF File: 28

Keywords: Copyright, First Amendment, Freedom of Speech, Fair Use, Eldred

Accepted Paper Series


Download This Paper

Date posted: September 22, 2008 ; Last revised: May 31, 2012

Suggested Citation

Horowitz, Steven J., A Free Speech Theory of Copyright (September 19, 2008). 2009 Stanford Technology Law Review 2. Available at SSRN: http://ssrn.com/abstract=1271004

Contact Information

Steven J. Horowitz (Contact Author)
Sidley Austin LLP ( email )
One First National Plaza
Chicago, IL 60603
United States
Feedback to SSRN


Paper statistics
Abstract Views: 1,028
Downloads: 224
Download Rank: 78,598
Footnotes:  222
Paper comments
No comments have been made on this paper

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.329 seconds