intellectual privilege: copyright, common law, and the common good
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
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
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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)