Copyright and freedom of information and expression

Jay Leiderman
By: Jay Leiderman
November 30 2014

The interplay between the present copyright laws and freedoms of information and expression is an emerging concept that will have to be addressed in court and legislative bodies as the free information movement and the digital revolution move forward.

The relationship between copyright law and freedom of expression has not been directly discussed by many courts in the context of emerging technologies. There is some tension between the imperative of copyright law (thou shall not use another’s expression, unless the use is fair) and the core of the right to freedom of expression, and that has been ignored by the law thus far, as the law typically lags behind technology for quite sometime.  Old judges scared of new things, I guess, can’t determine their place in the law until new things have become old things with a sense of permanence in the culture.

A court in England recently stated that “…rare circumstances can arise where the right of freedom of expression will come into conflict with the protection afforded by the Copyright Act…”, and that ”in these circumstances, … the court is bound, … to apply the [copyright] Act in a manner that accommodates the right of freedom of expression.”

What I’d like to do is see what people have to say in the comment section.  I will pay close attention to this thread and comment right along with you.  This is a fascinating emerging are of law where there is a confluence of technology and law and I want to know how people feel about it, and what you think might happen as these cases wind their way through the courts. Is this an issue of free information? Freedom on the internet? Is it an issue of privacy? Piracy? An issue of intellectual property trumping all other rights?


Is piracy illegal should it be what is the future of copyright?


Now shut down your Pirate Bay for a minute and let’s chat!



10 thoughts on “Copyright and freedom of information and expression

  1. Niesamowita wypowiedź. Właśnie takiej informacji
    szukałem. Przekażę tę stronę znajomym.
    Obiecuję iż będę tu zaliczał koleje odwiedziny.
    Szczęścia w dalszym tworzeniu.

  2. The Pirate Bay’s triumvirate, a title they would deny despite
    the prosecution’s insistence, are presented as brazen, since the industry attorneys pitted against them are
    shown being corrupt. For example following the verdict IFPI demanded that Swedish internet service providers
    block The Pirate Bay. This isn’t too difficult
    as numerous countries avoid the use of internet censorship,
    or only have a very limited number of blocked sites.

    1. I’m with what you are saying. The prosecution has gone waaaay overboard in their near-slanderous accusations leveled upon a group of internet freedom fighters.

  3. Information – including creative materials – wants to be free. IF you need to have your precious copyright in place, put ads all over the place instead, sell t-shirts, tour, make movies more of an event and so forth. Sheesh!

  4. Hi there, i read your blog from time to time and i own a similar one and i was just curious if you get a lot of spam comments? If so how do you stop it, any plugin or anything you can suggest? I get so much lately it’s driving me mad so any assistance is very much appreciated.

  5. we’re the actual; almost all finished with the copyright nonsense. This is an issue not of piracy, but of a medium failing to keep up with technology. Sorry, but a lot of horse stables went out of business when the car became the mode of transportation. The successful stables became gas stations. Time for teh record studios to become the next level purveyors – whatever that may be.

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