See id. at 1523-24 ("[attemptemptoto monopolize the market by making it impossible for others to compete runs counter to the statutory purpose of promoting creative expression and cannot constitute a strong equitable basis for resisting the invocation of the fair use doctrine".).
"That was an example where privacy heavily outweighed freedom of expression". He adds that any statutory involvement in this is the "thin end of the wedge" and "very very dangerous".
A statutory amendment which gave actual priority to freedom of expression in certain situations would be incompatible with Convention rights and would be likely to constitute a violation of Article 8 when applied in specific cases.
Under statutory restrictions government guidance documents serve only as a guide or an expression of the agency's current thinking on the topic.
The first copyright statute in this country, enacted in 1790, designated only "maps, charts, and books"; major forms of expression such as music, drama, and works of art achieved specific statutory recognition only in later enactments.
When the Mail thunders about statutory threats to press freedom, does it realise that it is merely defending "journalistic expression", which is "a sub-class" of the "general case for free expression", as the court puts it?
It is the exercise by occupation of the right to freedom of expression that is available to all, and cannot be taken away by any statutory system of licensing.
"The father's disdain for freedom of expression can be seen in his son's determination to place the British press under statutory control … If he crushes the freedom of the press, no doubt his father will be proud of him from beyond the grave, where he lies 12 yards from the remains of Karl Marx.
As the statutory directive implies, it matters little whether the second author's use is 1- or 100-percent appropriated expression if the taking of that expression had no adverse effect on the copyrighted work.
