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FEPP Archives - Issues - Copyright

The Delicate Balance Between Copyright and Free Expression.
(June 3, 2002) - A battle over the "public domain" became a major Supreme Court First Amendment case.

The Next Frontier: "Intellectual Property" and Intellectual Freedom
(October 2002) - FEPP Director Marjorie Heins's Julie M. Boucher Memorial Lecture to the Colorado Association of Libraries, outlining threats to art and culture posed by current copyright law.

The Frozen Public Domain
(January 17, 2003) - The Supreme Court's January 15, 2003 decision upholding the Sonny Bono Copyright Term Extension Act was a disappointment for everyone who believes in a vibrant public domain.

Appeals Court Stops File-Sharing Subpoenas
(December 19, 2003) - The D.C. Circuit's decision bars the recording industry from forcing ISPs to reveal the names of subscribers for whom they simply transmit e-mail or provide Internet conections; but it may provide only temporary relief to those who share music online.

Federal Court Rejects First Amendment Challenge to the DMCA
(February 25, 2004) - Judge Susan Ilston's ruling that "DVD Copy Plus" violates the Digital Millennium Copyright Act ignores the First Amendment interest in a robust public domain.

It Ain't Over Till It's Over
(April 8, 2004) - A new lawsuit spotlights thousands of copyright "orphans" that should be in the public domain.

Appeals Court Upholds File Sharing
(August 20, 2004) - Rejecting industry arguments, judges say that the technology has important legitimate uses.

Structural Free Expression Issues
(September 10, 2004) - How the copyright system, media regulation, and government funding affect free speech.

Trashing the Copyright Balance
(September 21, 2004) - A new court decision outlaws rap music's unauthorized sampling of even one chord from another sound recording.

Companies Can't Use Copyright Law to Squelch Competition
(November 17, 2004) - The U.S. Court of Appeals rejects Lexmark's bid to monopolize the market in toner cartridges.

Court Dismisses New Challenge to Copyright Regime
(November 29, 2004) - A federal judge says that moving to an "unconditional" system didn't change the basic contours of copyright law.


The Free Expression Policy Project began in 2000 as a project of the National Coalition Against Censorship, to provide empirical research and policy development on tough censorship issues and seek free speech-friendly solutions to the concerns that drive censorship campaigns. In 2004-2007, it was part of the Brennan Center for Justice at NYU School of Law. Past funders have included the Robert Sterling Clark Foundation, the Nathan Cummings Foundation, the Rockefeller Foundation, the Educational Foundation of America, the Open Society Institute, and the Andy Warhol Foundation for the Visual Arts.

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