Intellectual Property Research Essay

1. Introduction
Copyright and freedom of expression have an intricate relationship that is both reciprocally supportive and potentially conflicting with one another. In this complex relationship where both copyright and freedom of expression are ‘constellations of rights and interests’, whether copyright’s interference with freedom of expression is justified hinges on the question: does copyright in fact interfere with freedom of expression? To begin with, I will explore the role and justifications underpinning each right. Following on from that, by examining the relevant authorities and literature on this relationship, I will contend that copyright does in fact conflict with freedom of expression. However, this conflict is not so much a conflict where one overrides the other, but rather a compromise. This conclusion will be based on the core principles underlying the concept of copyright and the internal mechanisms of copyright law. Additionally, I will also explore the possible justifications for copyright interfering with freedom of expression in the event that an alternate view is adopted – where copyright and freedom of expression are in conflict, such that copyright interferes with freedom of expression.

2. The role of copyright and freedom of expression in society
Copyright at its core is rooted in two objectives; the first being linked to the entrepreneurial side where an author has exclusive rights to make copies and reproduce their own work, and the second being the protection of the author now that their work is available to be copied. Therefore, copyright plays a role in protecting privacy. It protects the privacy of authors by affording them with exclusive rights that prevent unauthorised publication of unpublished and thus private material. At the same time, copyright also functions to protect freedom of expression by serving as an incentive for the production of expressions that might otherwise be produced, and by ensuring the integrity of

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