Why the First Amendment Cannot Dictate Copyright Policy

Authors

  • David McGowan

DOI:

https://doi.org/10.5195/lawreview.2003.19

Abstract

For over thirty years scholars have suggested ways judges might use the First Amendment to limit Congress’s power to grant authors exclusive rights in their works. The gist of most theories is that over the years Congress has increased the length and scope of authors’ rights too much, crowding out the rights of users to consume expression and use it to create expression of their own. The First Amendment, the argument goes, protects consumers and downstream speakers from copyright crowding-out.

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Published

2003-04-26

How to Cite

McGowan, David. 2003. “Why the First Amendment Cannot Dictate Copyright Policy”. University of Pittsburgh Law Review 65 (2). https://doi.org/10.5195/lawreview.2003.19.

Issue

Vol. 65 No. 2 (2003)

Section

Articles

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