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Journal of Intellectual Property Law & Practice Advance Access published online on May 20, 2009
Journal of Intellectual Property Law & Practice, doi:10.1093/jiplp/jpp085
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© The Author (2009). Published by Oxford University Press. All rights reserved.

IP in Review

A powerful monograph

Jonathan Griffiths *
Copyright's Paradox
Neil Weinstock Netanel
Oxford University Press, 2008
ISBN: 9780195137620, Hard cover, pp. 274 + ix
Price: £18.99

The first 150 words of the full text of this article appear below.

Copyright both promotes freedom of speech by providing an incentive for authors to create and, at the same time, restricts the freedom of others to use protected material in their own speech. That is its paradox. Neil Netanel has published several important scholarly articles on the relationship between copyright and free speech. The arguments advanced in those pieces are applied and developed in this powerful monograph. The main claim is that, since the enactment of the 1976 Copyright Act, copyright law in the USA has strayed from its original speech-enhancing role by taking a ‘proprietarian turn’ and, as a result, the inherent conflict between copyright and free speech has been sharpened. Netanel argues that the law must be recalibrated in order to support the First Amendment goals of robust debate and expressive diversity and in order to translate copyright's traditional core principles faithfully in a digital context.

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