What Is Freedom of Speech?
(And How Does It Bear on Copyright)?
When does someone's inability to copy, distribute, or build upon a copyrighted work rise to the level of a burden on free speech? When, in contrast, should we readily countenance the restraints that copyright imposes? To answer, this chapter begins with more fundamental questions: What counts as “speech” for purpose of “freedom of speech”? And what free speech principles apply to copyright? This chapter demonstrates that copyright law is an integral part of media and communications policy. It also argues that the important First Amendment value of “expressive diversity” requires a dispersal of communicative power and ample opportunity for speech that directly challenges mainstream culture and popular works. Creative appropriation, the ability to convey one's message and artistic vision by incorporating and building upon mass media sounds and images, thus lies at the heart, not the margins, of freedom of speech. But peer‐to‐peer file sharing is not “speech.”
Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.
If you think you should have access to this title, please contact your librarian.