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Freedom of Speech$
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Eric Barendt

Print publication date: 2007

Print ISBN-13: 9780199225811

Published to Oxford Scholarship Online: January 2010

DOI: 10.1093/acprof:oso/9780199225811.001.0001

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Copyright and Other Property Rights

Copyright and Other Property Rights

Chapter:
(p.247) VII Copyright and Other Property Rights
Source:
Freedom of Speech
Author(s):

ERIC BARENDT

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199225811.003.0007

This chapter looks at the relationship of copyright to freedom of speech, but similar problems arise in other areas of law where property rights are recognised, whether under statute or at common law. Examples are trade marks, as well as publicity rights which have been widely recognised in the United States, if not hitherto in England. Enforcement of these rights may have repercussions for the exercise of freedom of speech; this topic is briefly discussed in this chapter. Some explanations for why copyright law should remain immune from free speech scrutiny are considered; one is that copyright is a property right. The chapter also argues that at least some infringing works are entitled to the coverage of a free speech (or expression) clause, even though in most instances the publication of an infringing work may properly be restrained by the rules of copyright law. Finally, it discusses balancing copyright and free speech rights.

Keywords:   copyright, copyright law, freedom of speech, trade marks, publicity rights, copyright infringement, property rights, immunity

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