COPYRIGHT AND FREE SPEECH OVERLAP

ABSTRACT

The digital age has magnified both the opportunities and tensions between copyright protection and the right to free speech. Copyright law safeguards creators’ works, encourages innovation and rewards originality, while free speech ensures open exchange of ideas – a cornerstone of democracy. Yet, these two values can collide when copyright restrictions limit commentary, criticism, or creative reuse. This article explores the interplay between Article 19(1)(a) of the Indian Constitution and evolving copyright norms, traces their historical roots, legal developments, and points of friction. By examining doctrines like the idea/expression dichotomy and fair dealing, alongside global judicial trends, it argues for a balanced approach – one that protects the legitimate interests of creators without stifling the free flow of knowledge and expression essential for societal progress.

KEY WORDS – Copyright, Free speech, Censorship, Balance of Rights

INTRODUCTION

The fast-paced globalisation led us to the digital era where among many comforts it gives rise to some complexities, the relationship between copyright and free speech is one of the intricacies which is more relevant than ever. The evolution of copyright laws from The British Statute of Anne, 1710 to the latest Indian Copyright Act Amendment, 2023 are designed to protect the right of creators, allowing them to control their works. These protections incentivise creators to innovate, create new art, writings, designs, etc. to contribute for the betterment of human race.

However, these same laws can be used sometimes to limit free speech. For example, someone wants to comment on or remix a copyrighted piece, they might face legal barriers which prevent them from doing so. Here a prudent person can observe the emergence of a tricky situation where one must support the content creator while ensuring that no one`s right to express their thoughts and ideas get exploited.

In this blog, we will explore the freedom of speech given under Article 19 of the Indian Constitution and its overlap with copyright laws. It’s about finding a way to protect creativity while keeping the door open for free expression.

UNDERSTANDING COPYRIGHT BASICS

Copyright is a type of Intellectual Property Right which guards author who have original works such as work of literature (including computer programs, codes and schemes), dramatics, musical and artistry works, cinematography film and audio recording, these all are safeguarded copyright laws. The major goal of this copyright law is to guarantee authors, musicians, painters, designers, and other creative individuals the right to their intellect.

As the name suggests copyright law simply means that if you create something on your own, you own it and only you have the authority to decide what will happen with it. This law incentivises the artists, designers and creative people who risk their capital in putting their works before the public. This implies that copyright law helps to safeguard the manifestation of ideas.

FREEDOM OF SPEECH: AN OVERVIEW

Free speech or freedom of expression refers to the right of individuals to express their opinions. In India, freedom of speech is enshrined in Article 19(1)(a) of the constitution of India, which guarantees the right to freedom of speech and expression as a fundamental right. This provision allows individuals to express their opinions freely with some reasonable restrictions.

Free speech is vital for democracy, since Freedom of speech and expression is the mother of all liberties.[1] Enabling open discourse and political participation while allowing criticism of the government. It supports individual autonomy by fostering self-expression and identity. Historically, it has driven social progress by amplifying marginalized voices and challenging norms. Additionally, the “marketplace of ideas” concept promotes the competition of thoughts in a free environment, ensuring that the best ideas thrive, contributing to societal development and innovation.

The historical context of free speech includes significant developments across various eras. In ancient Greece and Rome, philosophers like Socrates and Cicero emphasized the importance of free inquiry. The Magna Carta (1215) laid foundational concepts for individual rights, including freedom of expression. During the Enlightenment, thinkers like John Locke and Voltaire advocated for free speech as a fundamental human right, influencing democratic revolutions. The U.S. Constitution’s First Amendment (1791) established explicit protections for free speech. In the 20th century, the rise of totalitarian regimes underscored the necessity of free expression, leading to global human rights advocacy, notably through the Universal Declaration of Human Rights (1948).

NATURE OF THE INTERACTION BETWEEN COPYRIGHT AND FREEDOM OF EXPRESSION:

The rise of digital environment and expansion of copyright law expansion increases academic interest in the relationship between copyright and freedom of expression in recent years. As daily activities shift to digital platforms, the likelihood of copyright infringement rises, especially with the ease of producing and sharing content. The tension between these two areas has intensified due to broader rights for authors and extended durations of copyright without corresponding user freedoms, even with a bird eye view we can say the relationship between copyright and freedom of expression is complex and contentious. Copyright grants creators’ exclusive rights to their works, which can conflict with the public’s ability to speak and write freely, while copyright main idea is to incentivize the creation of new expressions, it can also limit the circulation, dispersion and propagation of ideas, raising concerns about the potential suppression of freedom of expression.

By critically analysing key arguments, it can be suggested that copyright and freedom of expression can coexist harmoniously. One can argue that copyright fosters independent creation, providing financial and artistic autonomy for authors, although this may result in the non-publication of valuable but unprofitable works. Critics, however, question the effectiveness of copyright in promoting diverse expressions and caution that conflicts between copyright and free speech may not be adequately addressed by current legal frameworks.

Two primary limitations within copyright law— the idea/expression dichotomy and fair dealing (or fair use)—are often cited as mechanisms that reflect freedom of expression values. The idea/expression dichotomy means that copyright does not protect underlying ideas, only their expression. However, critics argue this distinction is often vague, making it difficult for individuals to determine what constitutes infringement. The lack of clear guidelines can significantly limit expression, especially in representational works.

In various countries, courts have interpreted constitutional guarantees of freedom of expression as limitations on copyright, though outcomes vary. For example, German courts have cautiously accepted freedom of expression as a potential defence in exceptional cases, while Austrian courts have typically rejected it[2].

Fair dealing provisions allow certain uses of copyright material without infringing rights, aiming to balance copyright protections with freedom of expression. However, these provisions are limited to specific purposes and have faced criticism for being too narrow to effectively safeguard expressive rights. Courts often prioritize commercial competition and the nature of the work over freedom of expression concerns, leading to calls for reform.

Conclusion, copyright aims to promote creativity, however it is not free from the significant challenges that pose to freedom of expression. Therefore, it is necessary to maintain  careful balance between protecting creators and ensuring public access to ideas and information.

CONCLUSION

In a world where creative content can be shared instantly across borders, copyright and free speech are bound to meet and sometimes clash. Copyright fuels creativity by giving authors control over their work, while free speech keeps society vibrant, critical, and innovative. The challenge lies in ensuring that one does not suffocate the other. Mechanisms like fair dealing and the idea/expression dichotomy exist to bridge this gap, but in practice, they are often too narrow or vague to offer reliable protection for expression. Courts and lawmakers must therefore refine these safeguards, drawing from both constitutional principles and practical realities of the digital era. Ultimately, the goal is not to let copyright overshadow free speech, nor to weaken creators’ rights, but to create a legal and cultural space where both can thrive together.

BIBLIOGRAPHY

1. The Constitution of India, Article 19(1)(a)
2. The Copyright Act, 1957 (as amended up to 2023), Government of India.
3. MP Jain, Indian Constitutional Law (6^th vol.1, Lexis Nexis, 2010) 1413
4. Yin Harn Lee, Copyright and Freedom of Expression: A Literature Review[2015], 9
5. Ramesh Thappar v. State of Madras, AIR 1950 SC 124.
6. Shreya Singhal v. Union of India, (2015) 5 SCC 1.
   Sahni v. The Indian Express Group, 2014 SCC OnLine Del 6485.
7. Ghosh, S. (2008). “Free Speech and Copyright”. Vanderbilt Law Review, 52(1), 1–55

 [1] MP Jain, Indian Constitutional Law (6^th edn. vol.1, Lexis Nexis, 2010) 1413

[2] Yin Harn Lee, `Copyright and Freedom of Expression: A Literature Review`[2015], 9