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Tag: fair use

Cornell Law Review Online

Copyright Silencing

Cathay Y. N. Smith, Associate Professor of Law, University of Montana Blewett School of Law. Thanks to Aman Gebru, Jennifer Sturiale, Jacob Victor, Xiyin Tang, for comments and Nicholson Price and Alex Roberts for organizing the 2020 virtual JIPSA summer workshop. Thanks also to Orly Lobel and her students at University of San Diego School of Law for inviting me to talk about this Essay and Tiger King. Finally, thank you to the diligent law review editors at Cornell Law Review.

Copyright has been weaponized to suppress speech,1 See David S. Olson, First Amendment Based Copyright Misuse, 52 WILLIAM & MARY L. REV. 537, 547–48 (2010) (describing examples of “the Estate of James Joyce’s history of aggressive use of copyright claims to stifle the speech of others”). frustrate competition, 2 See, e.g., Adi Robertson, The EFF is…

Jan 2021

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