DISQUS

Steve R. · 1 year ago

Well said, copyright today is evolving into a state supported welfare right.

When we discuss copyright, it is usually from the perspective of the copyright holder. We acknowledge that the copyright holder has a certain right (privilege) to collect money from the distribution of his/her work.

However, this misses the perspective of the consumer. True, we acknowledge the concept of fair use and first sale. Nevertheless, I don't think we have clearly articulated that the consumer has a valid property right. The selling of any property, be it a book or a car, is the is transfer of ownership and the privileges of ownership to the purchaser. (There are limits, the purchaser of the property does not automatically obtain the right to duplicate and sell the product.)

The current trend in copyright is the extinguishment of the consumer's property right. I hope that you will be able to include in your book the concept that the consumer has a real property right in the use of copyrighted material. I believe that this approach would be in line with your concept of using common law to manage copyright.

eee_eff · 1 year ago

Well said.

I would like to see some perspective in your work on the importance that copying has played in the arts, although that would take it away from the purely legal sphere.

To those who aren't active in the Arts, the myth of the heroic artist, conjuring up each new work from a blank slate is alive and well.

However, the reality is very different--take case of architecture, for example, when ech work has necessarily relied on a knowledge of the history and in particular the craft process from which the work originated, and it will be clear that many undertakings, regarded as individual acts are in reality collective undertakings, that can be no more owned by an individual nor by a corporation.

Tom W. Bell · 1 year ago

Thanks, guys (or "guy and gal," for all I know!). I'm not sure I'll get to all the points you suggest, and I'm sure I won't hit them as hard as you might like, but I do appreciate your thoughts. I've already added a couple of things to the book I hadn't originally planned on thanks to readers' comments (including, Steve R., one of your comments, in particular).

Noah Clements · 1 year ago

enigma has a good point well worth exploring, even (maybe especially?) from the legal standpoint. Malcolm Gladwell had an interesting article about copying and transformation in the New Yorker : http://www.newyorker.com/fact/content/?041122fa...

My favorite quote: "The final dishonesty of the plagiarism fundamentalists is to encourage us to pretend that these chains of influence and evolution do not exist, and that a writer’s words have a virgin birth and an eternal life."