Speech Entitlements

Abstract

A number of copyright exceptions and limitations aim to promote the production of new copyright works and new authorship, and the protection of the public interest in gaining access to information and knowledge embodied in copyright-protected works. Most of these exceptions are premised on a fundamental human rights justification, such as freedom of speech or freedom of the press, or the right to access protected works without discrimination on grounds of disability. These include, for instance, reproduction by the press for the reporting of current events, quotations for criticism or review, and uses for the purpose of caricature, parody, or pastiche. They also include exceptions and limitations available to persons who are blind, visually impaired, or otherwise print-disabled. Although these exceptions and limitations are express manifestations of fundamental human rights, their scope remains relatively narrow and their legal nature and status against contractual overridability is not settled. Indeed, the permissibility of the relevant activities is subject to a number of internal limitations that may not work well in light of modern uses of materials in the online context. These include purpose limitations, such as the requirement that some uses ought to be non-commercial, scope limits (e.g. the doctrinal requirement that parodies have to be an expression of humour and mockery to be lawful), or restrictive principles that are inherent within copyright, like attribution to the source of the original work.