Copyright and Free Speech: Comparative and International Analyses

by Jonathan Griffiths, Uma Suthersanen

Overview

Written by a team of leading scholars and practitioners, this book analyzes the potential for interaction and conflict between copyright and free speech. Recent examples include the series of First Amendment challenges that have been brought against the US Digital Millennium Copyright Act and Ashdown v. Telegraph Group in the UK. The analysis draws upon a wide variety of viewpoints and jurisdictions to provide a sustained study of the subject suitable for use by both practitioners and academics.

Product Details

ISBN-13:	9780199276042
Publisher:	Oxford University Press
Publication date:	06/16/2005
Pages:	476
Product dimensions:	9.20(w) x 6.10(h) x 1.40(d)

About the Author

Jonathan Griffiths is a qualified solicitor and from 1993 to 2000 he was employed as a lecturer and senior lecturer at Nottingham Law School, Nottingham Trent University. He joined the Department of Law at Queen Mary, University of London, in January 2001. His research interests are in the areas of intellectual property (particularly copyright law), and media and information law. Uma Suthersanen is a Senior Lecturer and Senior Fellow at Queen Mary, University of London. She is an Executive Committee Member of the Association Littéraire et Artistique Internationale, Executive Committee Member of the British Literary and Artistic Copyright Association, and a Committee Member of the Legal Advisory Committee of the British Computer Society.

Table of Contents

Preface, Lord Justice JacobIntroduction, Jonathan Griffiths and Uma SuthersanenPart A: Mapping the ConflictFreedom of expression from a copyright lawyer's perspective, Gerald DworkinCopyright and free speech theory, Eric BarendtCommodification and cultural ownership, Fiona MacmillanMoral rights and freedom of expression, Jonathan GriffithsNew versus old authors and the problem of private censorship: Looking behind the texts, Wendy GordonPart B: National and International PerspectivesThe impact of the Human Rights Act 1998 on British copyright law, Kevin GarnettCopyright law and the first amendment, Neil NetanelCopyright and free speech in Canada, Ysolde GendreauCopyright and free speech in Australia, Robert Burrell and James StelliosFreedom of expression and copyright under the civil law, Alain Strowel and François TulkenPerspectives from developing regionsThe nexus between human rights and international copyright law, Uma SuthersanenPart C: In the Digital WorldOwnership of digital media and free speech, Hubert BestDatabases - the relationship between the Human Rights Act and EU law, Jeremy PhillipsContracting out of copyright in the Information Society - the impact on freedom of expression, Thomas DreierConstitutional remits of the Digital Millennium Copyright Act, Raymond T. Nimmer