By Neil Weinstock Netanel
Delivering an important fiscal incentive for a lot of society's song, paintings, and literature, copyright is commonly thought of "the engine of loose expression"—but it's also used to stifle information reporting, political observation, ancient scholarship, or even inventive expression. In Copyright's Paradox, Neil Weinstock Netanel explores the tensions among copyright legislation and loose speech, revealing the unacceptable burdens on expression that copyright can impose. Tracing the clash throughout either conventional and electronic media, Netanel examines the remix and copying tradition on the middle of present controversies relating to the Google publication seek litigation, YouTube and MySpace, hip-hop song, and electronic sampling. the writer juxtaposes the dramatic enlargement of copyright holders' proprietary regulate opposed to the individual's newly stumbled on skill to digitally lower, paste, edit, remix, and distribute sound recordings, videos, television courses, pictures, and texts across the world. He assessments no matter if, in gentle of those and different advancements, copyright nonetheless serves as an important engine of unfastened expression and assesses how copyright does—and does not—burden loose speech. Taking First modification values as his lodestar, Netanel deals a very important, well timed name to redefine the bounds of copyright so it might probably such a lot successfully advertise powerful debate and expressive diversity—and he provides a definitive blueprint for the way this is often comprehensive.
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Extra resources for Copyright's Paradox
If the authors and publishers succeed in their lawsuits, the dream of creating and making available on the Internet a value-added virtual ‘‘card catalog’’ for the complete collections of the world’s greatest research libraries, let alone all of the world’s printed books, will lie dormant for the foreseeable future. 35 For millions of titles, indeed, it would simply be impossible to clear rights. Tellingly, Google’s primary cost might not even be the license fees it would have to pay to copyright owners; those fees could well pale in comparison to the overwhelming burden of administering and negotiating permissions, including locating the parties who controls the copyrights needed to grant the permission.
11 But, even if that interpretation continues to prevail, the DMCA still threatens journalists, muckrakers, and whistleblowers who, without a password, can view encrypted documents only by using computer technology or know-how to circumvent the encryption. ’’12 Part of the Web site is devoted to criticizing the way the mainstream media cover current events and politics. In doing so, Free Republic Web site visitors regularly posted verbatim copies of various Los Angeles Times and Washington Post news articles and then added remarks and commentary critical of the articles.
Like Alice Randall, oppositional speakers recast or appropriate seminal works of popular culture in order to subvert prevailing understandings, make an unpopular political statement, or present an iconoclastic artistic conception. ’’23 Oppositional speakers, those who build on popular works in order to subvert and criticize the views and assumptions those works reinforce, make up a vital part of that dissenting voice. A public discourse comprising multitudinous genres and formats but that, because of copyright, lacks sufﬁcient opportunities for effective, oppositional expression would fail to meet the goal of expressive diversity.