Copyright as censorship right

Author: Viktoria Kraetzig (University of Frankfurt)
Published: 11.01.2023
Time and again, authors use their copyright to prevent press publications they do not like. Such use of copyright to suppress press reporting interferes with the fundamental right of communication, which not only serves individual expression but also safeguards the existence of a democratic society. In light of fundamental rights, copyright law cannot allow the exclusive right to be used as a “censorship right”. It must ensure that in cases of abuse of the exclusive right, a fair balance is struck between copyright and the conflicting fundamental right of communication. Copyright grants its owner the exclusive right to make his…