Abstract

http://ssrn.com/abstract=1593343
 
 

Footnotes (151)



 


 



The Case for First Amendment Limits on Copyright Law


Alan E. Garfield


Widener University - School of Law

2007

Hofstra Law Review, Vol. 35, 2007

Abstract:     
Scholars have felled many trees arguing for First Amendment limits on copyrights. Yet this outpouring of scholarship has been notably unsuccessful in wining judicial converts. While there have been occasional lower court decisions which have invoked First Amendment limits on copyrights, for the most part, courts have been unreceptive to the idea. Leading the way has been the Supreme Court which barely gave lip service to First Amendment rights in two high profile cases.

In this short article, I try to bridge this gap between the scholarship and the jurisprudence. My goal is to present as clearly as possible the theoretical arguments for First Amendment limits on copyright. I also provide guidelines for how judges can determine when copyright law should be declared unconstitutional.

Number of Pages in PDF File: 41

Keywords: first amendment, copyright, constitutional law

JEL Classification: K1, K10

Accepted Paper Series





Download This Paper

Date posted: April 21, 2010  

Suggested Citation

Garfield, Alan E., The Case for First Amendment Limits on Copyright Law (2007). Hofstra Law Review, Vol. 35, 2007. Available at SSRN: http://ssrn.com/abstract=1593343

Contact Information

Alan E. Garfield (Contact Author)
Widener University - School of Law ( email )
4601 Concord Pike
P.O. Box 7286
Wilmington, DE 19803-0474
United States
HOME PAGE: http://law.widener.edu
Feedback to SSRN


Paper statistics
Abstract Views: 314
Downloads: 23
Footnotes:  151

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo7 in 0.235 seconds