Conflict And Compromise: Interaction Of Copyright And Freedom Of Expression

At the beginning, this essay tries to give an analysis on the relationship between copyright and freedom of expression based on the Equity Theory, which believes that as a creature of modern states, copyright is an outcome of the equity achieved by limiting freedom of expression to some extent. The chief aim of copyright is to promote freedom of expression. However, in the author's opinion, whether copyright will promote, abridge or just be irrelavant with freedom of expression is an issue determined by specific time and regions. In western history, copyright and freedom of expression were closely related: the freedom of expression was the legal foundation of copyright, and copyright promoted freedom of expression as respond. While in ancient China, there seemed to be no relationship between these two objects. What is more, ancient Chinese has observed the potential conflict between copyright and freedom of expression for a long time. The author then analyses the reasons and formations of the conflict between copyright and freedom of expression by study of the four aspects of freedom of expression respectively. Then the author analyses reasons why the potential conflict emerged in recent decades. In the author's opinion, it is because the copyright has closely related with individuals since the new Information Age, and the copyright has broadened its region in law. Nowadays, the copyright has a great limiting effect on individials' lives, and the so called Stimulation Effect is under more suspicions than ever before. This essay finally deals with the compromise institution used by the westerners. This compromise institution includes Fair-Use Doctrine, Idea-Expression Dichotomy, and Copyright Abuse Prohibition. With this compromise institution, even in some extreme cases, the conflict between copyright and freedom of expression can be solved in a perfect way.