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Creation without RestraintPromoting Liberty and Rivalry in Innovation$
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Christina Bohannan and Herbert Hovenkamp

Print publication date: 2012

Print ISBN-13: 9780199738830

Published to Oxford Scholarship Online: May 2012

DOI: 10.1093/acprof:oso/9780199738830.001.0001

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PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 25 July 2021

A Theory of Copyright Harm

A Theory of Copyright Harm

(p.161) 7 A Theory of Copyright Harm
Creation without Restraint

Christina Bohannan

Herbert Hovenkamp

Oxford University Press

This chapter examines the relationship between copyright law, the harm caused by others' uses of copyright material, and free expression. The United States has a very strong tradition of First Amendment protection for speech, including speech that is threatening to others, immoral by the standards of many, or socially disruptive in other ways. The one glaring exception is in copyright law, which often permits infringement actions against speech that is both expressive on the part of the speaker and harmless, or virtually so, to the copyright holder or anyone else. A harm requirement is proposed for copyright infringement that protects both creative innovation and free speech.

Keywords:   copyright law, free expression, copyright infringements, harm requirement

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