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

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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

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LeftQuestions copyright

restrictionsBut flexible view of

property

RightPro Property Rights

But thinks copyright equals property

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Free Market View: Pro Property Rights

andQuestions Copyright Restrictions

Left Right

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1790 Act Present Act0

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Words in U.S. Copyright Statute

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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

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Proposed § 107(b)

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Proposed § 301(g)

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