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Copyright, commodification, and freedom of expression have often been viewed as harmonious and complementary concepts. In Harper and Row Publishers, Inc. v. Nation Enterprises, for example, the Supreme Court characterized copyright law as the 'engine of free expression.' Holding a left-leaning news magazine liable for copyright infringement for publishing excerpts from Gerald Ford's forthcoming memoirs was not, in the Court's view, to condone an act of private censorship. It was in harmony with first amendment principles because copyright incentives would ensure that these memoirs would reach the public through the normal operation of the marketplace.
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Copyright, Commodification, And Censorship: Past As Prologue--But To What Future?
http://www.sims.berkeley.edu/~pam/papers/haifa_priv_cens.pdf
Samuelson, Pamela
University of California Berkeley
1999
Abstract: Copyright, commodification, and freedom of expression have often been viewed as harmonious and complementary concepts. In Harper and Row Publishers, Inc. v. Nation Enterprises, for example, the Supreme Court characterized copyright law as the 'engine of free expression.' Holding a left-leaning news magazine liable for copyright infringement for publishing excerpts from Gerald Ford's forthcoming memoirs was not, in the Court's view, to condone an act of private censorship. It was in harmony with first amendment principles because copyright incentives would ensure that these memoirs would reach the public through the normal operation of the marketplace.
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