Censorship by copyright

Copyright can be used to enact censorship. Critics of copyright argue that copyright has been abused to suppress free speech,^[1]^[2]^[3] as well as criticism,^[4]^[5] business competition,^[6] academic research,^[4] investigative reporting (and freedom of press)^[5]^[7] and artistic expression.^[3]^[8]^[9]

The most common form of censorship by copyright concerns the abuse of the Digital Millennium Copyright Act (DMCA) either by copyright holders or by the service providers. The DMCA forces web hosts to be overly sensitive to claims of copyright infringement and act as de facto gatekeepers, infringing upon fair use as well as facilitating abuse in the form of bogus copyright claims.^[3]^[10]^[8]^[11]

^ Masnick, Mike (26 July 2013). "Why Yes, Copyright Can Be Used To Censor, And 'Fair Use Creep' Is Also Called 'Free Speech'". Techdirt. Retrieved 2 April 2024.
^ Haber, Eldar (2013–2014). "Copyrighted Crimes: The Copyrightability of Illegal Works". Yale Journal of Law and Technology. 16: 454–501. ...censorship-by-copyright could endanger other constitutional rights, first and foremost First Amendment rights and possibly due process rights.
^ ^a ^b ^c Reid, Amanda (Winter 2019). "Copyright Policy as Catalyst and Barrier to Innovation and Free Expression". Catholic University Law Review. 68 (1): 33–86. The attractiveness of modem copyright as a weapon to chill speech is due to four interrelated factors: (1) the ease and "ubiquity" of infringement; (2) the simplicity of asserting a prima facie infringement case; (3) the uncertainty of available defenses, like fair use; and (4) the threat of hefty statutory penalties. Censorship by copyright undermines core First Amendment principles. Copyright out of balance threatens our liberty to learn. Copyright threatens access to the building blocks of learning and culture.
^ ^a ^b Westbrook, Steve (9 April 2009). Composition and Copyright: Perspectives on Teaching, Text-making, and Fair Use. State University of New York Press. p. 37-38. ISBN 978-1-4384-2599-3.
^ ^a ^b Gagliano, Cara (20 January 2023). "For Would-Be Censors and the Thin-Skinned, Copyright Law Offers Powerful Tools". Electronic Frontier Foundation. Retrieved 3 April 2024.
^ Cobia, Jeffrey (2008). "The Digital Millennium Copyright Act Takedown Notice Procedure: Misuses, Abuses, and Shortcomings of the Process". Minnesota Journal of Law Science & Technology. 1: 391–393 – via Hein Online.
^ Cite error: The named reference :13 was invoked but never defined (see the help page).
^ ^a ^b Cite error: The named reference :0 was invoked but never defined (see the help page).
^ Cite error: The named reference :17 was invoked but never defined (see the help page).
^ Hern, Alex (23 May 2016). "Revealed: How copyright law is being misused to remove material from the internet". The Guardian. ISSN 0261-3077. Retrieved 2 April 2024.
^ Cite error: The named reference :2 was invoked but never defined (see the help page).

[1] Masnick, Mike (26 July 2013). "Why Yes, Copyright Can Be Used To Censor, And 'Fair Use Creep' Is Also Called 'Free Speech'". Techdirt. Retrieved 2 April 2024.

[:9-2] Haber, Eldar (2013–2014). "Copyrighted Crimes: The Copyrightability of Illegal Works". Yale Journal of Law and Technology. 16: 454–501. ...censorship-by-copyright could endanger other constitutional rights, first and foremost First Amendment rights and possibly due process rights.

[:10-3] Reid, Amanda (Winter 2019). "Copyright Policy as Catalyst and Barrier to Innovation and Free Expression". Catholic University Law Review. 68 (1): 33–86. The attractiveness of modem copyright as a weapon to chill speech is due to four interrelated factors: (1) the ease and "ubiquity" of infringement; (2) the simplicity of asserting a prima facie infringement case; (3) the uncertainty of available defenses, like fair use; and (4) the threat of hefty statutory penalties. Censorship by copyright undermines core First Amendment principles. Copyright out of balance threatens our liberty to learn. Copyright threatens access to the building blocks of learning and culture.

[:7-4] Westbrook, Steve (9 April 2009). Composition and Copyright: Perspectives on Teaching, Text-making, and Fair Use. State University of New York Press. p. 37-38. ISBN 978-1-4384-2599-3.

[:16-5] Gagliano, Cara (20 January 2023). "For Would-Be Censors and the Thin-Skinned, Copyright Law Offers Powerful Tools". Electronic Frontier Foundation. Retrieved 3 April 2024.

[:6-6] Cobia, Jeffrey (2008). "The Digital Millennium Copyright Act Takedown Notice Procedure: Misuses, Abuses, and Shortcomings of the Process". Minnesota Journal of Law Science & Technology. 1: 391–393 – via Hein Online.

[:13-7] Cite error: The named reference :13 was invoked but never defined (see the help page).

[:0-8] Cite error: The named reference :0 was invoked but never defined (see the help page).

[:17-9] Cite error: The named reference :17 was invoked but never defined (see the help page).

[:8-10] Hern, Alex (23 May 2016). "Revealed: How copyright law is being misused to remove material from the internet". The Guardian. ISSN 0261-3077. Retrieved 2 April 2024.

[:2-11] Cite error: The named reference :2 was invoked but never defined (see the help page).

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