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The Modern Fight For Media Freedom In The United States, Jonathan Peters
The Modern Fight For Media Freedom In The United States, Jonathan Peters
Scholarly Works
The First Amendment as a subject is challenging and provocative, and scholarly and popular understandings of it are changing. New communication technologies are pushing lawyers, judges, and scholars to revisit, and sometimes rethink, old legal doctrines and concepts. In the area of privacy, we have to think today about encryption and a website's terms of service. In the area of copyright, we have to think about peer-to-peer file sharing and the licenses granted by iTunes. In the area of sexual expression, we have to think about sexting, revenge porn, and deep fakes.'
This is the emerging state of play for …
Copyright And Free Speech Rights, L. Ray Patterson, Stanley F. Birch, Jr.
Copyright And Free Speech Rights, L. Ray Patterson, Stanley F. Birch, Jr.
Scholarly Works
By letter of 1 March 1993, the Copyright Compliance Office of the Association of American Publishers (AAP) informed a copyshop that it had “without prior permission, made multiple copies of excerpts of copyrighted works for distribution to students in course anthologies.” Stating that this copying was an infringement of copyright, the letter requested the copyshop to sign an enclosed agreement stating it would not commit such acts again and to pay a penalty of “$2,500 to help defray the costs of the AAP's copyright enforcement program in this matter and to impress on your business the need to operate in …
Conflicts Between Copyright And The First Amendment After Harper & Row, Publishers V. Nation Enterprises, David E. Shipley
Conflicts Between Copyright And The First Amendment After Harper & Row, Publishers V. Nation Enterprises, David E. Shipley
Scholarly Works
The relationship between copyright and the first amendment has been discussed repeatedly in the past fifteen years. A free speech privilege has been asserted as a defense in many copyright infringement actions, and the topic has been the subject of lively academic debate. Although no court has held an infringement claim to be defeated by a first amendment defense, considerable attention has been paid to the potential conflict between copyright and free speech interests. Commentators have speculated that in some situations copyright protection could impermissibly abridge the first amendment. The United States Supreme Court's decision in Harper & Row, Publishers …