Written by a team of leading scholars and practitioners in the fields of copyright and free speech, this work analyses the potential for interaction and conflict between the two rights. Free speech is the lifeblood of any democracy. As John Stuart Mill stated, "In government, perfect freedom of discussion in all its modes - speaking, writing, and printing - in law and in fact is the first requisite of good because the first condition of popular intelligence and mental progress." (Letter by John Stuart Mill, 18 March, 1840) Copyright, on the other hand, represent a property regime which protects human creativity as manifested in all types of expressions such as literary works, paintings and music. Both these notions, copyright and free speech, are united in the fact of their recognition as fundamental freedoms of all individuals within the national, regional and international framework of human rights. However, the rights are also antithetical in nature, giving rise to both political and jurisprudential tensions. These tensions have become recently accentuated by the advent of legislative developments. Both in the United States and within the European Union, legal commentators argue that recent copyright legislation has paid insufficient regard to free speech. This concern is underlined by the series of First Amendment challenges that have been brought against the United States Digital Millennium Copyright Act. The recent causes celebres not only highlight the antagonistic relationship between copyright and free speech but also prominently depict the potential conflict between public and private interests in information - the Dead Sea Scrolls decision (Israel), the Wind Done Gone, Eldred and DeCSS cases (United States) and the Hyde Park v Yelland and Ashdown v Telegraph Group (United Kingdom). A further query which requires attention is the impact of the growing significance of international copyright law for the developing world. The raised profile of these conflicts has resulted in an increasing amount of attention from academe and the legal profession. Some of the authors of this volume have made influential contributions and are directly involved, both legally and politically, in the debate. There has, however, been no sustained study of the conflict across a variety of different jurisdictions. This book addresses the copyright/free speech relationship within a comparative and international legal framework. Moreover, the key questions regarding access to information and the digital challenges are addressed from both theoretical and practical perspectives.

Preface, Lord Justice Jacob 1. Introduction, Jonathan Griffiths and Uma Suthersanen Part A: Mapping the Conflict 2. Copyright and free speech theory, Eric Barendt 3. Commodification and cultural ownership, Fiona Macmillan 4. Copyright norms and the problem of private censorship, Wendy Gordon 5. Towards an international public interest rule? Human rights and international copyright law, Uma Suthersanen Part B: National Perspectives 6. Copyright and the First Amendment, Neil Netanel 7. Copyright, the public interest and freedom of speech, Gerald Dworkin 8. The impact of the Human Rights Act 1998 on United Kingdom copyright law, Kevin Garnett QC 9. Not such a 'timid thing' - the UK's integrity right and freedom of expression, Jonathan Griffiths 10. Canadian copyright law and its Charters, Ysolde Gendreau 11. Copyright and freedom of political communication in Australia, Robert Burrell and James Stellios 12. Freedom of expression and copyright under the civil law, Alain Strowel and Francois Tulken 13. Copyright and free speech in transition: the Russian experience, Mira Sundara Rajan Part C: The Digital World 14. First Amendment speech and the Digital Millennium Copyright Act: a proper marriage, Raymond T. Nimmer 15. Contracting out of copyright in the Information Society - the impact on freedom of expression, Thomas Dreier 16. Databases, the Human Rights Act and EU law, Jeremy Phillips

`Its contributors include a number of world-renowned experts in both strands of law, including Professor Eric Barendt, Raymond T Nimmer, Ysolde Gendreau, Wendy Gordon and Jeremy Phillips, with a foreword by the Right Honourable Lord r stice Jacob... the book is a substantial collection of papers by authors of distinction on a fascinating subject. The scholarship distilled is impressive and the reader cannot but learn and be fascinated by the topic...It is not a textbook by any means, but an interesting reflection on how copyright is evolving in the digital world and with new and widening concerns about human rights: both comparatively recent phenomena in the common law worldIt has been skilfully edited and well indexed to make it of great value to researchers. It is a book which can be read with interest in its entirety and would be a useful addition to any law library' Robyn Durie, Convergence |d October 2005