Copyright and patent law is a social contract and a very fundamental one.
United States Constitution has some pretty cool ideas in it. Freedom of speech? That the government cannot punish you for expressing an idea? That was added as an afterthought. Freedom of religion? That congress shall make no law establishing a religion, making our society secular and preventing the government from punishing those who do not conform? Afterthought. The right to a trial by jury of peers, the right to not be compelled to testify against yourself, the right to be secure in your person and property? Afterthoughts. All of that, all of the things we call the Bill Of Rights, were added on the basis of “Wait we should probably have this.”
The basis of intellectual property law isn’t in an amendment, it’s too important. It’s in the main body of the constitution. Article 1, Section 8, Clause 8 Intellectual property:
To promote the Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respecive Writings and Discoveries.
We The People grant creators for a time exclusive right of way over their creations to monetize and profit from them as incentive for doing the work of creation so that we may have the creations, after which the creation becomes the heritage of all mankind forever so that other creators in the future may build upon it. Americans tend to view our first amendment right to freedom of speech, broadly defined by our supreme court to include symbolic speech to include overt actions such as burning a flag, as near absolute. Even the allegedly liberal allegedly enlightened democracies in Europe will outlaw ideas; America will not. Copyright and patent law is one of the very few where we will limit speech or the press, for it is one of the few laws that came before the first amendment. You may not be free to print an idea if it currently belongs to someone else.
Without that incentive, the ability to personally profit form the works you create, you get the Soviet Union, which invented…Tetris. Whose inventor didn’t earn a single kopek from his invention until he became an American citizen. Without the expiration date for copyrights or patents you get…Disney. Who gobbles up creative works without the intention of letting go with the apparent goal of monopolizing the very idea of storytelling itself, hoarding wealth in perpetuity and simply buying any competition.
For a society to properly function it is important for patents and copyrights to be temporary in nature; they must exist and yet they must within a lifetime cease to exist. Lack of either condition is an intolerable rot. Copyright terms being the lifetime of the author plus seventy years is a rot the United States probably has not survived. I think we’re soon to find out.
Copyright and patent law is a social contract and a very fundamental one.
United States Constitution has some pretty cool ideas in it. Freedom of speech? That the government cannot punish you for expressing an idea? That was added as an afterthought. Freedom of religion? That congress shall make no law establishing a religion, making our society secular and preventing the government from punishing those who do not conform? Afterthought. The right to a trial by jury of peers, the right to not be compelled to testify against yourself, the right to be secure in your person and property? Afterthoughts. All of that, all of the things we call the Bill Of Rights, were added on the basis of “Wait we should probably have this.”
The basis of intellectual property law isn’t in an amendment, it’s too important. It’s in the main body of the constitution. Article 1, Section 8, Clause 8 Intellectual property:
To promote the Progress of Science and the useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respecive Writings and Discoveries.
We The People grant creators for a time exclusive right of way over their creations to monetize and profit from them as incentive for doing the work of creation so that we may have the creations, after which the creation becomes the heritage of all mankind forever so that other creators in the future may build upon it. Americans tend to view our first amendment right to freedom of speech, broadly defined by our supreme court to include symbolic speech to include overt actions such as burning a flag, as near absolute. Even the allegedly liberal allegedly enlightened democracies in Europe will outlaw ideas; America will not. Copyright and patent law is one of the very few where we will limit speech or the press, for it is one of the few laws that came before the first amendment. You may not be free to print an idea if it currently belongs to someone else.
Without that incentive, the ability to personally profit form the works you create, you get the Soviet Union, which invented…Tetris. Whose inventor didn’t earn a single kopek from his invention until he became an American citizen. Without the expiration date for copyrights or patents you get…Disney. Who gobbles up creative works without the intention of letting go with the apparent goal of monopolizing the very idea of storytelling itself, hoarding wealth in perpetuity and simply buying any competition.
For a society to properly function it is important for patents and copyrights to be temporary in nature; they must exist and yet they must within a lifetime cease to exist. Lack of either condition is an intolerable rot. Copyright terms being the lifetime of the author plus seventy years is a rot the United States probably has not survived. I think we’re soon to find out.
That is an excellent write up! Well done OP!