Private Control/Public Speech

HUMAN RIGHTS AND PRIVATE LAW: PRIVACY AS AUTONOMY, Katja S. Ziegler, ed., Hart Publishing: Oxford, 2007

12 Pages Posted: 11 Oct 2007

See all articles by Kim Treiger-Bar-Am

Kim Treiger-Bar-Am

College of Law and Business; Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law

Michael J. Spence

University of Oxford - Faculty of Law

Abstract

When does an individual author have private control over her expression; and when must that control be limited? The subject of this chapter is authors' expressive autonomy and its limitations. The focus of the discussion is on the UK moral right of integrity, which allows the author to prevent certain modifications of her work. It is submitted that the integrity right is a human right, protecting authorial autonomy of expression. The right will be situated directly within the doctrine of freedom of expression.

Freedom of expression often will arise on the opposing side of an integrity right claim, as well. The human rights of the modifier also may be engaged. The second part of the chapter will explore the circumstances under which a modification must be protected as within the modifier's autonomy of expression. When, on the basis of the expressive autonomy justification for moral rights, ought speech over which there has been private control become available to public use? When ought it to be available to other speakers as a vehicle for the development of their own autonomy, a vehicle for expressing views perhaps quite at odds with those of the original speaker?

Keywords: privacy, autonomy, copyright, parody, moral right, integrity right, free speech, expression

JEL Classification: K11

Suggested Citation

Treiger-Bar-Am, Kim and Spence, Michael J., Private Control/Public Speech. HUMAN RIGHTS AND PRIVATE LAW: PRIVACY AS AUTONOMY, Katja S. Ziegler, ed., Hart Publishing: Oxford, 2007, Available at SSRN: https://ssrn.com/abstract=1020882

Kim Treiger-Bar-Am (Contact Author)

College of Law and Business ( email )

Faculty of Law
Israel

Interdisciplinary Center (IDC) Herzliyah - Radzyner School of Law ( email )

P.O. Box 167
Herzliya, 46150
Israel

Michael J. Spence

University of Oxford - Faculty of Law ( email )

St. Cross Building
St. Cross Road
Oxford, OX1 3UJ
United Kingdom

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