How Much Copyright Protection Do We Need?

The goal of copyrights (and patents), as clearly stated in the Constitution, is "To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries." This limited monopoly gives incentive to authors (and other artists) and inventors to create, because they can make money on it for a while before everybody else has a go at it. Money.

Once the art stops selling, it no longer generates money for the artist. No more incentive. Keeping the public from the art at after its commercial profitability is gone benefits noone. Letting the public at it, on the other hand, creates massive opportunity for transformations and new creations. The Public Domain.

But art never completely stops generating money. Sure, that book might not have sold any copies this year, but maybe next year it will. Or maybe in ten years. To maximize incentive to artists you really have to make the monopoly last for all eternity.

But let's say, just for a moment, that we're willing to be happy giving the artists 95% of the potential revenue for a work of art. It might take a thousand years to get every drop of that last 5%. Surely that's a small enough amount that the artists can reasonably donate it to the public as gratitude for the support.

How many years would a monopoly have to last to give that 95% of the money? I don't have numbers, I fear -- just guesses.

I'm willing to bet that books, movies, music, videogames, and the like get well over 95% of their income in the first 5 years. I know mine do. If people were allowed to pirate my games after they were 5 years old, it wouldn't impact my bottom line at all.

Copyright now gives massive protection for roughly 100 years. And now they can't legally sing "Happy Birthday" to you at Denny's without getting permission first. That just ain't right.

Filed Tue - January 24, 2006, 06:43 PM in

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