표현의 자유와 저작권
Freedom of Expression and Copyright
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Some copyright scholars recognize a greater potential for disharmony between copyright and freedom of expression principles They have recognized that expansions in the scope of rights that copyright owners enjoy and contractions of fair use rights and other limitations on copyright create the potential for more conflicts between copyright and the First Amendment. They have invoked the First Amendment and other constitutional principles to shore up limiting doctrines of copyright law and to make policy recommendations about how copyright law should evolve. On the other hand, inappropriate assertions of copyright threaten to stunt the growth of the Internet as a uniquely democratic free speech forum where small speakers can reach audiences, previously available only to big media, in new ways. Development of the same reprography and transmission technologies that enable these unprecedented opportunities for speech also can threaten the intellectual property rights of copyright owners, as well as the privacy interests of citizens more broadly, in ways that must be acknowledged and addressed. It hasI been suggested that less agonizing need take place in cases where copying is made for First Amendment critical, rather than creative or economic, purposes, and where the interests asserted by the owners of the copied works under the rubric of copyright law do not fit within its traditional incentive structure. By allowing us to do precisely that, misuse promises not only to promote a better balancing of the equities in individual cases, but also to police the boundaries between copyright and free speech law in ways protective of both.
Abstract
Some copyright scholars recognize a greater potential for disharmony between copyright and freedom of expression principles They have recognized that expansions in the scope of rights that copyright owners enjoy and contractions of fair use rights and other limitations on copyright create the potential for more conflicts between copyright and the First Amendment. They have invoked the First Amendment and other constitutional principles to shore up limiting doctrines of copyright law and to make policy recommendations about how copyright law should evolve. On the other hand, inappropriate assertions of copyright threaten to stunt the growth of the Internet as a uniquely democratic free speech forum where small speakers can reach audiences, previously available only to big media, in new ways. Development of the same reprography and transmission technologies that enable these unprecedented opportunities for speech also can threaten the intellectual property rights of copyright owners, as well as the privacy interests of citizens more broadly, in ways that must be acknowledged and addressed. It hasI been suggested that less agonizing need take place in cases where copying is made for First Amendment critical, rather than creative or economic, purposes, and where the interests asserted by the owners of the copied works under the rubric of copyright law do not fit within its traditional incentive structure. By allowing us to do precisely that, misuse promises not only to promote a better balancing of the equities in individual cases, but also to police the boundaries between copyright and free speech law in ways protective of both.
참고문헌 (18)
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- Susan Hong, "“The Digital Millennium Copyright Act And Protecting Individual Creative Rights: A Proposal For On-Line Copyright Arbitration,”2 Cardozo Online J. Conflict Resol. 110(2000)", ~ (2000)
- Yochai Benkler, "“Free As the Air to Common Use: First Amendment Constraints on Enclosure of the Public Domain,” 74 N.Y.U. L. Rev. 354 (1999)", ~ (1999)