ow is rith the een ide ght :ain me nd be iere ion the ter iiay the tep Dus European copyright lawyers have not pondered very seriously the impact of 12.01 freedom of expression on their field. All too often, they have failed to con sider the requirements that freedom of expression imposes on the contours of copyright, and some copyright scholars still profess, or at least tacitly believe, that copyright should remain immune from free speech concerns. 1 1 Interestingly, the same opinion is sometimes shared by copyright lawyers as to the relationship between copyright and competition law: some IP purists maintain that IP should remain immune from any claims arising out of competition law concerns. This extreme view is of course as unacceptable as the one that competition law always trumps intellectual property law, a view apparently popular among competition lawyers. I I 12 FREEDOM OF EXPRESSION AND COPYRIGHT UNDER CIVIL LAW: OF BALANCE, ADAPTATION, AND ACCESS A lain Strowel and Fran çois Thikens A. The European and (2) Copyright law and control of International Legal Framework 12.05 access (1) Freedom of expression and limits in favour of the ‘rights of C. Conclusion: Is Freedom of others’ 12.05 Expression the Lifebuoy for (2) Copyright and built-in limits Bona Fide Users Drowning in favour of freedom of in a Sea of Intellectual expression 12.1 1 Property? B. Articulating and Balancing (1) Different levels of scrutiny and Copyright and Free Speech the content-neutrality factor Concerns 12.17 (2) Free expression and free culture (1) Copyright law and the control of derivative uses: parody cases 12.19 12.33 12.49 12.50 12.52