Copyright and the First Amendment

Oakes, Jeffrey

Journal: University of Miami Law Review

Volume: 33

First Page: 207

Year: 1978

Bluebook Citation: 33 U. MIAMI L. REV. 207 (1978)

Author: Jeffrey L. Oakes: all 3 publications


Abstract

The author proposes a novel approach to the resolution of conflicts between a copyright holder's interests and the public's first amendment right to receive information of public interest and concern. Rejection of customary balancing is advocated in favor of a more workable and predictable method of dealing with highly complex and potentially volatile conflicts.

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