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"Courts have long recognized that the Copyright Clause exists "in tension" with the First Amendment and, therefore, have tried their best to harmonize the two."
by Fargren 16y ago
"Courts have long recognized that the Copyright Clause exists "in tension" with the First Amendment and, therefore, have tried their best to harmonize the two."
Can I get a citation for that? It seems very interesting, and I hadn't heard of it before.
- Natsu 16y agoCertainly. Here are a couple: http://www.firstamendmentcenter.org/analysis.aspx?id=13828 http://www.firstamendmentcenter.org/analysis.aspx?id=13828 http://www.slais.ubc.ca/courses/libr500/10-11-wt1/www/C_Chase/universal.html http://www.slais.ubc.ca/courses/libr500/10-11-wt1/www/C_Chas... There's also a lot of stuff on LexisNexis, but that costs quite a bit of money unless you know someone with a subscription. This one appears more relevant, but quotes me a price of $12.50+tax: "A REGULATORY THEORY OF COPYRIGHT: AVOIDING A FIRST AMENDMENT CONFLICT" https://litigation-essentials.lexisnexis.com/webcd/app?action=DocumentDisplay&crawlid=1&doctype=cite&docid=35+Emory+L.J.+163&srctype=smi&srcid=3B15&key=b26a75c161c40990f5aae57a75dbfd8c https://litigation-essentials.lexisnexis.com/webcd/app?actio... I should mention that other courts have said that they don't see the interplay between the Copyright Clause & First Amendment as "tension", but instead view things like fair use as "safety valves" that prevent the two from being in conflict. Whatever words you use to say it, the fact is that the courts do their best to uphold both, rather than choose one or the other. Whether one sees the considerations in reconciling the two as "tension" or believes that their approach harmonizes the two, it's something the courts weigh carefully.