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January 08, 2004
Solum the First Amendment, Copyright and Originalism
Prof. Larry Solum discusses a recent panel on copyright at the annual meeting of the Association of American Law Schools on Legal Theory Blog (Blogging from Atlanta 05, Association of American Law Schools, Section on Constitutional Law, Copyright and the First Amendment). His brief notes are a good starting point for looking at and discussing various threads regaring the intersection of the First Amendment and copyright law. Of course, his post serves to make the point that right now there is no coherent theory, nor is there a consensus as to how we will move towards one.
Of particular interest is the discussion regarding Originalism and the relation between the First Amendment and copyright law. Taking off on Prof. Neil Netanel's fairly mainstream view that the First Amendment acts as a restriction on a plenary (Solum's word) copyright power, Solum proposes an alternative (with an evocative metaphor), that the copyright power is a an island of power in a sea of liberty. Very interesting, though I am not convinced. Scrivener's Error replies to Solum and has some very good points (Originalism, Copyright, and the First Amendment).
I, of course, remain convinced that telecommunications law, copyright and the First Amendment are related throught the concept of distribution ... that they can all be analyzed through the lense of rights of distribution.
+ TrackBacks (0) | Category: Copyright | Freedom of Expression
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