Freedom of Speech and Intellectual Property: Some Thoughts after Eldred, 44 Liquormart, Saderup, and Bartnicki
62 Pages Posted: 31 May 2003
Abstract
This article makes several different observations about the Free Speech Clause and intellectual property law, in light of some recent doctrinal developments:
(1) the Court's decision about copyright in Eldred v. Ashcroft;
(2) the Court's evolving commercial speech jurisprudence in cases such as 44 Liquormart v. Rhode Island, which is relevant to trademark dilution law;
(3) the California Supreme Court's right of publicity decision in Comedy III Productions v. Saderup; and
(4) the Court's decision in Bartnicki v. Vopper, which indirectly bears on trade secret law.
Keywords: Intellectual Property, Copyright, Trademark, Trade Secret, Right of Publicity, Constitutional Law, First Amendment, Free Speech
JEL Classification: O34
Suggested Citation: Suggested Citation