Intellectual Privilege: Copyright, Common Law, and the Common Good

Post on 09-May-2015

170 views 0 download

description

Free and prosperous societies respect property rights. But do copyrights really qualify for the same respect afforded to houses, cars, and computers? Recent legislative trends suggest that lawmakers have been misled by the rhetoric of property to make copyright more and more powerful. This trend has thrown public policy out of balance, discouraged innovation, and harmed consumers. Rather than a form of property, lawmakers should regard copyrights as government-granted privileges that threaten our natural and common law rights and that, when taken too far, make worthy targets for reform.

Transcript of Intellectual Privilege: Copyright, Common Law, and the Common Good

LeftQuestions copyright

restrictionsBut flexible view of

property

RightPro Property Rights

But thinks copyright equals property

Free Market View: Pro Property Rights

andQuestions Copyright Restrictions

Left Right

1790 Act Present Act0

10000

20000

30000

40000

50000

60000

70000

80000

90000

1308

79602

Words in U.S. Copyright Statute

Founders’© v. Present © Max Term: 28 years v. author’s life + 70 years

Infringing: copying the whole v. any copying, preparation of derivative

works, public display, public

performance, or public distribution

Subjects:maps, books, or charts v. graphic or literary works,

songs, plays, movies, dances,

sculptures, sound recordings,architectural works,

computerprograms, etc.

Remedies: statutory damages v. statutory damages or actual

and seizure of copies damages & unjust profits,

destruction of infringing copies &

devices, costs & attorneys fees,bars on

imports, fines, & imprisonment

Proposed § 107(b)

Proposed § 301(g)