Copyright Silencing

16 Pages Posted: 13 Nov 2020 Last revised: 15 Apr 2021

See all articles by Cathay Smith

Cathay Smith

The University of Montana Alexander Blewett III School of Law

Date Written: September 22, 2020

Abstract

This essay highlights a practice I call “copyright silencing,” which is the use of copyright to silence criticism and suppress and censor information instead of to protect copyright owners’ legitimate interests in their works. This essay identifies recent examples of copyright silencing, including by Carol Baskin (from Tiger King), Harvey Weinstein, and Dr. Drew, it examines the harm copyright silencing perpetrates, and it explains why it is increasingly difficult to stop copyright silencing.

Keywords: copyright, harvey weinstein, weaponizing copyright, fair use, anti-SLAPP, copyright misuse, censorship

Suggested Citation

Smith, Cathay, Copyright Silencing (September 22, 2020). 106 Cornell Law Review Online 71 (2021), Available at SSRN: https://ssrn.com/abstract=3697578

Cathay Smith (Contact Author)

The University of Montana Alexander Blewett III School of Law ( email )

Missoula, MT 59812-0002
United States

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