Building on the antecedents of obscene libel in early English law culminating in the Obscene Publications Act of 1857, my current work examines the intersection between those legal doctrines and the emergence of modern copyright law in mid-19th century England, based on Lord Eldon's rulings in Chancery that equity protection cannot be extended to obscene works, a doctrine finally overcome in American jurisprudence in Mitchell Brothers v. Cinema Adult Theater (1979).
||Alexander, James R. 2017. "Chasing Echoes of Content Exceptionalism in Copyright: Recent Swarm Cases," Chicago-Kent Journal of Intellectual Property 17: forthcoming.|
||Alexander, James R. 2017. "Libel and Copyright in the Satire of Peter Pindar," Notes and Queries 64(3): forthcoming.|
||Alexander, James R. 2013. "Evil Angel Eulogy: Reflections on the Passing of the Obscenity Defense in Copyright." Journal of Intellectual Property Law, 20(2): 209-314.|
||Alexander, James R. 2012. "Richardson and Copyright." Notes and Queries, 59(2): 219-224.|
||Alexander, James R. 2003. "Obscenity, Pornography and Law in Japan: Reconsidering Oshima's In the Realm of the Senses." Asian-Pacific Law & Policy Journal 4: 148-168.|
Law and Policy PRIMARY
Policy History PRIMARY