Copyright = Speech

19 Pages Posted: 16 Aug 2015 Last revised: 5 Sep 2015

See all articles by Derek E. Bambauer

Derek E. Bambauer

University of Arizona - James E. Rogers College of Law

Date Written: August 14, 2015

Abstract

Expression eligible for copyright protection should be presumptively treated as speech for First Amendment purposes. Both copyright and the First Amendment share the goal of fostering the creation and dissemination of information. Copyright’s authorship requirement furnishes the key link between the doctrines. The Article examines where the two areas of law align and conflict in offering or denying protection. Using copyright law as a guide for the First Amendment offers three benefits. First, many free speech problems can be clarified when examined through copyright’s lens. Second, this approach makes the seeming puzzle of non-human speakers understandable. Finally, it can help end technological exceptionalism in First Amendment doctrine.

Keywords: copyright, First Amendment, speech, expression, authorship, information, intellectual property

Suggested Citation

Bambauer, Derek E., Copyright = Speech (August 14, 2015). Emory Law Journal, Vol. 65, 2015; Arizona Legal Studies Discussion Paper No. 15-32. Available at SSRN: https://ssrn.com/abstract=2644644

Derek E. Bambauer (Contact Author)

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States

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