一、前言:为何一直以来著作权与表现权的间隙被忽视 1.著作权限制着表现行为。但是,一直以来人们却忽视了这个问题。上述现象不只是在日本,而且在日本宪法学研究中经常作为比较参照对象的美国也有此倾向。在这里虽不作详细说明,但是关于著作权和表现自由的关系,我想引用一下美国联邦最高法院对此进行的表述,即“制宪者 First, the preface: why the gap between copyright and expression rights has been ignored 1. Copyright restricts the performance of behavior. However, people have always neglected this issue. The above phenomenon is not only in Japan, but also in the United States, which is often used as a comparative target in the study of constitutional law in Japan. While not elaborating here, but with regard to the relationship between copyright and freedom of expression, I would like to cite the statement by the Supreme Court of the United States that ”the constitutionalist