Author Archive | Neil Netanel

France’s public broadcaster, France 2, has sued blogger-media critic, Philippe Karsenty, for libel. The lawsuit centers on Karsenty’s allegation that the scene, which France 2 broadcast in September 2000, of twelve-year old Muhammad al-Dura crouching behind his father in a Gaza intersection moments before he was reportedly shot and killed by Israeli gunfire was staged […]

I argued in yesterday’s post that copyright burdens speech. Not all who posted comments agreed, but assuming I’m correct (and I’m not the only one to make that claim; others, including Eugene Volokh, have made similar arguments), what, if anything, should be done about it? Sometimes the law burdens speech for very good reason, such […]

As I wrote in yesterday’s post, my book, Copyright’s Paradox, explains that copyright serves both as an “engine of free expression” and silencer of free expression. Yesterday, I focused on how copyright still serves as an engine of free expression in the digital age, albeit an engine of more modest proportions than the Supreme Court’s […]

The paradox referenced in my book’s title is that copyright serves both as an “engine of free expression” and silencer of free expression. Copyright law provides a vital economic incentive for the creation and distribution of much of the literature, commentary, music, art, and film that makes up our public discourse. Yet copyright also burdens […]

I greatly appreciate the invitation to guest blog on Volokh Conspiracy about my new book, Copyright’s Paradox. A central theme of my book is that copyright law is no less a part of national media and information policy than are the Telecommunications Act and the First Amendment. In particular copyright serves as a major battleground […]