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
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: Suggested Citation