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- Title
FIRST AMENDMENT RIGHTS TO PROTECTED EXPRESSION: WHAT ARE THE TRADITIONAL CONTOURS OF COPYRIGHT LAW?
- Authors
McGinty, William
- Abstract
The article discusses the conflict between copyright law and the First Amendment ad depicted in the two amendments to the U.S. Copyright Act, the copyright restoration and anti-bootlegging provisions, which are part of the Uruguay Round Agreements Act (URAA) enacted in 1994. It defines the consistencies in the First Amendment, exploring the balance of expressive liberties against protection found in the copyright laws. It examines the possible definitions of the traditional forms of copyright law as used by the Supreme Court in the court case Eldred v. Ashcroft. Moreover, it explores the application of First Amendment review to both the anti-bootlegging and restoration provisions to find the former in violation of the First Amendment and the latter consistent with it.
- Subjects
UNITED States; CONFLICT of laws; PROVISIONAL remedies; FORMS (Law); CLAUSES (Law); BOOTLEGGING; CONSTITUTIONAL amendments; COPYRIGHT; ELDRED v. Ashcroft (Supreme Court case)
- Publication
Berkeley Technology Law Journal, 2008, Vol 23, Issue 3, p1099
- ISSN
1086-3818
- Publication type
Article