New Guide to Free Speech and Intellectual Property

Published Apr 25 2008, 03:28 PM by Harvey Silverglate

One of the more vexing constitutional conundrums is how to reconcile the right to free speech with the notion of intellectual property. Article I, Section 8 of the Constitution gives Congress the power “to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.” But the First Amendment proclaims that “Congress shall make no law…abridging the freedom of speech, or of the press.” By legislating, as the Constitution gives it the power to do, that an author has exclusive use of his or her words, Congress is, of course, abridging freedom of speech in some sense. Writers other than the copyright-holder are not allowed to use, at will, words that are “owned” by another.

This tension has produced some compromises over the years. For instance, Congress limits the term during which authors are entitled to copyright protection, although the length of that protection, largely because of the successful lobbying efforts of large media companies, has in recent decades gotten longer and longer. Also, media folk are given some limited First Amendment protections when they quote brief phrases or passages of a longer work – the commentator’s so-called “fair use doctrine” exception to the author’s copyright protection.

All of this is the subject of ongoing commentary by scholars, authors, and legal practitioners. Thankfully, The Citizen Media Law Project has set out to distill some of this useful information into one easy-to-read source, geared toward a lay audience. Read more about this ambitious and laudable effort here.

Filed Under: First Amendment

Assault a speaker with a pie, get away scot free?

Curley v NAMBLA

Follow the Boston Phoenix

All Blogs

Laser Orgy (34)
Phlog (1,420)
On The Download (2,163)
Dont Quote Me (518)
Talking Politics (1,523)
Outside The Frame (305)

Filed Under: First Amendment

Boston Phoenix
Critical Mass
Published 11/20/2009 by KYLE SMEALLIE AND HARVEY SILVERGLATE
Over the years, UMass Amherst has proven to be a reliable hotbed for political hypocrisy and squelching of free speech

Boston Phoenix
Muzzle Awards: Collegiate Division
Published 7/10/2009 by HARVEY SILVERGLATE
New England campuses muzzle free speech

more by Harvey Silverglate

Free speech again quashed at Harvard | October 23, 2009

The Gates case isn't about race | August 07, 2009

Muzzle Awards: Collegiate Division | July 10, 2009

Guilty until proven guilty | June 26, 2009

Sotomayor's mixed message on free speech | June 05, 2009

See all articles by: Harvey Silverglate

Latest Comments

Khazei Sneaking Up? - As a Capuano supporter, I'm miffed by his TV ads so far. The first, heartfelt and "nice," was...

By ricklapel on 11-29-2009 in Talking Politics

The Guitar Hero/Band Hero kerfuffle considered - Christian Louboutin shoes are available at attractive rates in all outlets across the world. Turn your...

By Gucci Sneakers on 11-28-2009 in Laser Orgy

Khazei Sneaking Up? - Mrs. Kennedy, why wouldn't you prefer Congressman Capuano to succeed the late Senator? Congressman Capuano...

By Ernie Boch, III on 11-27-2009 in Talking Politics

City Council Forums - сын насилует маму всегда на это дрочу!! http://pxgmyzzcug.jimdo.com анорексия фото http://vmpfpxkwxl...

By Homogon on 11-27-2009 in Talking Politics

City Council Forums - <b>GPS оборудование </b> GPS - глобальная система позиционирования, определение местоположения...

By BimaIdedirm on 11-27-2009 in Talking Politics

Latest Comments from Free For All

New Guide to Free Speech and Intellectual Property

Leave a Comment