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Wiputhanupong, Chongnang --- "'Copyright is an engine of free expression' or 'free expression is an engine of copyright'?" [2019] ELECD 1409; in Frankel, Susy (ed), "Is Intellectual Property Pluralism Functional?" (Edward Elgar Publishing, 2019) 358

Book Title: Is Intellectual Property Pluralism Functional?

Editor(s): Frankel, Susy

Publisher: Edward Elgar Publishing

Section: Chapter 14

Section Title: ‘Copyright is an engine of free expression’ or ‘free expression is an engine of copyright’?

Author(s): Wiputhanupong, Chongnang

Number of pages: 25

Abstract/Description:

Abstract: The idea that ‘copyright is an engine of free expression’ has been widely discussed after the US Supreme Court judgments, Harper & Row v Nation Enterprises in 1985 and Eldred v Ashcroft in 2003. Subsequent cases stated that copyright is an interference with the fundamental right of freedom of expression, which is acceptable if it pursues legitimate and necessary purposes in a democratic society. This chapter does not accept that copyright is simply either an engine of free expression or an interference with freedom of expression, but there is more to it. The chapter illustrates this with discussion of the relationship between copyright and freedom of expression in South East Asia.