Overview

"Providing a vital economic incentive for much of society's music, art, and literature, copyright is widely considered ""the engine of free expression""--but it is also used to stifle news reporting, political commentary, historical scholarship, and even artistic expression. In Copyright's Paradox, Neil Weinstock Netanel explores the tensions between copyright law and free speech, revealing the unacceptable burdens on expression that copyright can impose. Tracing the conflict across both traditional and digital media, Netanel examines the remix and copying culture at the heart of current controversies related to the Google Book Search litigation, YouTube and MySpace, hip-hop music, and digital sampling. The author juxtaposes the dramatic expansion of copyright holders' proprietary control against the individual's newly found ability to digitally cut, paste, edit, remix, and distribute sound recordings, movies, TV programs, graphics, and texts the world over. He tests whether, in light of these and other developments, copyright still serves as a vital engine of free expression and assesses how copyright does--and does not--burden free speech. Taking First Amendment values as his lodestar, Netanel offers a crucial, timely call to redefine the limits of copyright so it can most effectively promote robust debate and expressive diversity--and he presents a definitive blueprint for how this can be accomplished."

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Reviews

Copyright's Paradox fluently examines an array of recent copyright controversies, highlighting the problematic free speech implications of an ever-expanding copyright regime...Netanel's incisive examination of his subject through a First Amendment lens helps illuminate some of the issue's critical cultural and constitutional dimensions. --Harvard Law Review Neil Netanel is rightly hailed as one of the most important writers and thinkers in the field... his latest book, Copyright's Paradox, cements that reputation...Best of all, Copyright's Paradox offers solutions, a set of simple legislative recommendations that are both realistic and promising-solutions that will end the copyright wars without destroying the public interest or the fortunes of artists. --Cory Doctorow, BoingBoing.net Timely and topical...Netanel's well-researched, informative and eminently readable book is a thoughtful and important contribution to the debate, and should be read by those seeking practical solutions to a problem that will not go away with wishful thinking. --New Jersey Lawyer Copyright's Paradox is a major book by a major thinker, and a must read for all. --William Patry, The Patry Copyright Blog Netanel makes an original and creative argument that copyright is in the end about speech. Copyright's Paradox should be on the list of required reading for anyone concerned with the inner workings of the copyright system, and those interested in issues of institutional or regulatory design as they relate to public policy goals. --Yale Law Journal

<br> Copyright's Paradox fluently examines an array of recent copyright controversies, highlighting the problematic free speech implications of an ever-expanding copyright regime...Netanel's incisive examination of his subject through a First Amendment lens helps illuminate some of the issue's critical cultural and constitutional dimensions. --Harvard Law Review <br> Neil Netanel is rightly hailed as one of the most important writers and thinkers in the field... his latest book, Copyright's Paradox, cements that reputation...Best of all, Copyright's Paradox offers solutions, a set of simple legislative recommendations that are both realistic and promising-solutions that will end the copyright wars without destroying the public interest or the fortunes of artists. --Cory Doctorow, BoingBoing.net <br> Timely and topical...Netanel's well-researched, informative and eminently readable book is a thoughtful and important contribution to the debate, and should be read by those seeking

Copyright's Paradox fluently examines an array of recent copyright controversies, highlighting the problematic free speech implications of an ever-expanding copyright regime...Netanel's incisive examination of his subject through a First Amendment lens helps illuminate some of the issue's critical cultural and constitutional dimensions. --Harvard Law Review Neil Netanel is rightly hailed as one of the most important writers and thinkers in the field... his latest book, Copyright's Paradox, cements that reputation...Best of all, Copyright's Paradox offers solutions, a set of simple legislative recommendations that are both realistic and promising-solutions that will end the copyright wars without destroying the public interest or the fortunes of artists. --Cory Doctorow, BoingBoing.net Timely and topical...Netanel's well-researched, informative and eminently readable book is a thoughtful and important contribution to the debate, and should be read by those seeking practical solutions to a problem that will not go away with wishful thinking. --New Jersey Lawyer Copyright's Paradox is a major book by a major thinker, and a must read for all. --William Patry, The Patry Copyright Blog Netanel makes an original and creative argument that copyright is in the end about speech. Copyright's Paradox should be on the list of required reading for anyone concerned with the inner workings of the copyright system, and those interested in issues of institutional or regulatory design as they relate to public policy goals. --Yale Law Journal

Among copyfighters, Neil Netanel is rightly hailed as one of the most important writers and thinkers in the field... his latest book, Copyright's Paradox, cements that reputation... Best of all, Copyright's Paradox offers solutions, a set of simple legislative recommendations that are both realistic and promising--solutions that will end the copyright wars without destroying the public interest or the fortunes of artists. --BoingBoing.net<br> Timely and topical... Netanel's well-researched, informative and eminently readable book is a thoughtful and important contribution to the debate, and should be read by those seeking practical solutions to a problem that will not go away with wishful thinking. --New Jersey Lawyer<br> Copyright's Paradox is a well-written book that provides a balanced intellectual discourse on the issues embroiled in the copyright--free speech debate and an insightful road map on how to redraw copyright law to better serve free speech goals. --Houston Lawyer<br> A fresh perspective...those interested in copyright law should turn to Copyright's Paradox...Netanel guides us towards the possibility of a more constructive copyright regime. --Law & Politics Book Review<br> If there is anyone who doesn't yet see how copyright badly burdens free speech, it is only because they have not read this well-crafted and powerfully argued book. --Lawrence Lessig, author of Free Culture<br> Recent controversies over the tensions between copyright and free speech have surfaced in the courts, in the academic literature, and in public and political discourse. It is the virtue of Neil Netanel's fine book that it combines a balanced and comprehensive guide to and analysis ofthese controversies, while also offering nuanced prescriptions that avoid the unrealistic and extreme positions often taken by those embroiled in the fight over copyright's reach. --Frederick Schauer, author of Free Speech: A Philosophical Enquiry<br> Copyright's Paradox fluently examines an array of recent copyright controversies, highlighting the problematic free speech implications of an ever-expanding copyright regime.... Professor Netanel's incisive examination of his subject through a First Amendment lens helps illuminate some of the issue's critical cultural and constitutional dimensions. --Harvard Law Review<br> Elegantly and clearly, Neil Netanel presents a scholarly middle ground in the copyright debates, avoiding both the misguided conservative view that copyright should be about either economic efficiency or natural rights of property and the copy-left view that no or minimal rights are proper. Instead, Netanel rightly locates a limited acceptance of copyright in its contribution to freedom and especially to democracy. --C. Edwin Baker, author of Media Concentration and Democracy: Why Ownership Matters<br> The tension between copyright law and freedom of speech knows no treatment more sophisticated or nuanced than Neil Netanel's. This magnificent book searches the roots of both doctrines, offering a penetrating analysis of how our democratic institutions call for the preservation of traditional copyright and at the same time curtail its more recent 'bloated' manifestations. Highly recommended for devotees of both fields. --David Nimmer, co-author of Nimmer on Copyright<br>

Author Information

Neil Weinstock Netanel is Professor of Law at the University of California, Los Angeles. He writes and teaches in the areas of copyright, international intellectual property, and media and telecommunications.

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