Copyright Neutrality? Lessons from Mein Kampf

Authors

• Michal Shur-Ofry, Hebrew University of Jerusalem Law Faculty
• Noy Lion, Hebrew University of Jerusalem Law Faculty

Abstract

This Article explores the copyright story of Hitler's Mein Kampf over the past century and uses this case study to shed new light on one of copyright's foundational doctrines: the principle of copyright neutrality. Relying on primary archival materials from German archives, combined with legal proceedings from the 1930s onwards, secondary historical sources, and in-depth interviews, we trace the copyright trails of Mein Kampf across several jurisdictions and periods of time. This intricate inquiry unravels the surprisingly central role that copyright played in spreading the Nazi ideology and illuminates a structural imbalance within the neutrality principle, which may legitimize and facilitate the promotion of racist contents. We use these insights to suggest that resisting racism warrants adjustments to current copyright doctrine and sketch a path forward.

Disciplines

Entertainment, Arts, and Sports Law | Intellectual Property Law | Law | Legal History

Recommended Citation

Michal Shur-Ofry & Noy Lion, Copyright Neutrality? Lessons from Mein Kampf, 40 Cardozo Arts & Ent. L.J. 529 (2022).
Available at: https://larc.cardozo.yu.edu/cardozoaelj/vol40/iss2/11