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Copyright's Paradox$
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Neil Weinstock Netanel

Print publication date: 2008

Print ISBN-13: 9780195137620

Published to Oxford Scholarship Online: May 2008

DOI: 10.1093/acprof:oso/9780195137620.001.0001

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 From Mein Kampf to Google

 From Mein Kampf to Google

(p.13) Chapter Two From Mein Kampf to Google
Copyright's Paradox

Neil Weinstock Netanel (Contributor Webpage)

Oxford University Press

For some, copyright's speech burdens are painfully obvious. But many others do not perceive that copyright poses any serious conflict with freedom of speech.

This Chapter presents some illustrative examples that ought to at least give doubters some pause. They range from speech that is overtly political to purely artistic, from fantasy to documentary, from discrete cases to entire expressive genres, from religious tracts to counterculture comics, from analog to digital, from out‐and‐out copying to highly creative recasting, from new creation to Google search tool, and from copyright holders' calculated suppression of unwanted expression to speakers' inability to pay the copyright license fee that was offered. They demonstrate that copyright may indeed prevent us from effectively conveying a message, pursuing deeply held beliefs, expressing artistic inspiration, participating in a cultural tradition, or, for that matter, promoting “the progress of science.”

Keywords:   copyright, freedom of speech, Google, license fee, digital, documentary, creative

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