… This Essay identifies the copyright infringement lawsuit featured in Tiger King as an example of a growing threat in copyright law, namely, copyright owners using copyrights to silence critics and censor public dissemination of facts and information. Other notable examples of copyright silencing include Dr Drew’s recent use of copyright to censor criticism of his previous public opinions making light of COVID-19, Harvey Weinstein’s use of copyright to suppress investigation into his sexual exploitations and misconducts, and Tea Party favorite political-candidate Sharron Angle’s use of copyright to erase evidence of her former ultra-conservative views on education and social security. Copyright silencing is detrimental to free speech and public discourse, and is contrary to the purpose of copyright law to encourage the dissemination of ideas and information. Copyright silencing can also harm legitimate copyright claims, distort copyright rules, and erase history. However, because copyright silencing frequently goes unnoticed when putative infringers capitulate to demand letters to remove the offending materials or ISPs remove the materials pursuant to DMCA takedown notices, because motivations of copyright owners asserting rights can be difficult to determine or can overlap with interests such as privacy interests, and because of practical limitations on legal solutions like fair use, copyright misuse, and anti-SLAPP laws, copyright silencing is increasingly difficult to defeat.
Cathay YN Smith, Copyright Silencing 106 Cornell Law Review Online 71 (22 January 2021).
First posted 2021-01-22 14:50:38
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