The United States Supreme Court famously labeled copyright "the engine of free expression" because it provides a vital economic incentive for much of the literature, commentary, music, art, and film that makes up our public discourse. Yet today's greatly expanded copyright law often does the opposite--it can be used to quash news reporting, political commentary, church dissent, historical scholarship, cultural critique, and artistic expression. In Copyright's Paradox, Neil Weinstock Netanel explores the tensions between copyright law and free speech concerns, revealing how copyright law can impose unacceptable burdens on speech. Netanel provides concrete illustrations of how copyright often prevents speakers from effectively conveying their message, tracing this conflict across both traditional and digital media and considering current controversies such as the YouTube and MySpace copyright infringements, Hip-hop music and digital sampling, and the Google Book Search litigation. The author juxtaposes the dramatic expansion of copyright holders' proprietary control against the individual's newly found ability to digitally cut, paste, edit, remix, and distribute sound recordings, movies, TV programs, graphics, and texts the world over. He tests whether, in light of these developments and others, copyright still serves as a vital engine of free expression and he assesses how copyright does--and does not--burden speech. Taking First Amendment values as his lodestar, Netanel argues that copyright should be limited to how it can best promote robust debate and expressive diversity, and he presents a blueprint for how that can be accomplished. Copyright and free speech will always stand in some tension. But there are ways in which copyright can continue to serve as an engine of free expression while leaving ample room for speakers to build on copyrighted works to convey their message, express their personal commitments, and fashion new art. This book shows us how.

About the Author
Neil Weinstock Netanel is Professor of Law at the University of California at Los Angeles. He was formerly the Arnold, White & Durkee Centennial Professor of Law at the University of Texas.

Reviews
"Copyright's Paradox fluently examines an array of recent copyright controversies, highlighting the problematic free speech implications of an ever-expanding copyright regime...Netanel's incisive examination of his subject through a First Amendment lens helps illuminate some of the issue's critical cultural and constitutional dimensions."--Harvard Law Review "Neil Netanel is rightly hailed as one of the most important writers and thinkers in the field... his latest book, Copyright's Paradox, cements that reputation...Best of all, Copyright's Paradox offers solutions, a set of simple legislative recommendations that are both realistic and promising-solutions that will end the copyright wars without destroying the public interest or the fortunes of artists."--Cory Doctorow, BoingBoing.net "Timely and topical...Netanel's well-researched, informative and eminently readable book is a thoughtful and important contribution to the debate, and should be read by those seeking practical solutions to a problem that will not go away with wishful thinking."--New Jersey Lawyer "Copyright's Paradox is a major book by a major thinker, and a must read for all."--William Patry, The Patry Copyright Blog "Netanel makes an original and creative argument that copyright is in the end about speech. Copyright's Paradox should be on the list of required reading for anyone concerned with the inner workings of the copyright system, and those interested in issues of institutional or regulatory design as they relate to public policy goals."--Yale Law Journal



Book Information
ISBN 9780195137620
Author Neil Weinstock Netanel
Format Hardback
Page Count 288
Imprint Oxford University Press Inc
Publisher Oxford University Press Inc
Weight(grams) 585g
Dimensions(mm) 164mm * 237mm * 29mm