INTERVIEW

Interview with Bill Thompson, BBC Technology Columnist - Part II

Written by Spincycle
Published March 12, 2007
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"Copyright is not a Lockean “natural right” but is a limited right granted to authors in order to further the public interest. This principle is explicitly expressed in the U.S. Constitution, which grants the power to create a system of copyright to Congress in order to further the public interest in “promoting progress in science and the useful arts." (Miller and Feigenbaum, Yale) UK's copyright law dates back to Statute of Anne from 1709, which states – "An Act for the Encouragement of Learning, by vesting the Copies of Printed Books in the Authors or purchasers of such Copies, during the Times therein mentioned." Both seem to see copyright as something tailored towards public good. The modern understanding of it has sort of disintegrated into a sort of "right to make as much money as one can". Am I correct in saying that? Please elaborate your views on the subject.

Copyright started out as an attempt to restrict the ability of publishers of books to control absolutely what they did under contract law and to establish limitations on the period in which a work of fiction or indeed any written work could be exploited by one group of people, and to ensure that after certain amount of time it was available as part of the public domain to serve the public good. So copyright has always been about taking away any absolute right so that the creator of a work of art, fiction, literature or non-fiction has so that everyone can benefit; take away the absolute right and give away in return monopoly over certain forms of exploitation during which period they are expected to make enough money or gain enough benefit to encourage them to carry on creating.

So the idea is that it is a balance – give the creator enough so that they can create more and encourage them to do that because it is good but make sure that the products of their creative output fall into the public domain so they can be used by everyone for the wider good on the grounds that you can never know in advance who will make the best use of someone else's creative output and therefore it should be available. So, the fact that the early years of the last century a cartoonist in the United States called Walt Disney drew a mouse based on other people's ideas is great and Disney and his family have had a lot of time to exploit the value in the mouse but there are other people now who could do a better job with it and they should be allowed to get their hands on the mouse and do cool stuff with it. That’s the idea and that is the principle that is being broken by large corporations who see economic advantage to themselves in extending the term of copyright, in limiting the freedoms that other people have because they don't care about the public good, they care about their own good. And legislatures, particularly in the United States but also elsewhere, have been bought off, corruptly or not, and have not been true to the original principles, which is that in the end it should all go into the public domain so that anybody who wants can make use of it and exploit it in creative ways that we cannot yet imagine. In a sense it's an expression of humility – its saying that we cannot know for sure who will be able to do the best with its work and therefore it is the interest of everybody that it should be available to everybody. That was the breakthrough – the insight – of copyright law 300 years ago. We are coming up to the 300th anniversary of the Statute of Anne, the first codified copyright law and I think we should big party for it.

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Spincycle is interested in questions around media, governance, and political economy. He strongly values reading good fiction for he feels that it imparts the important value of empathy.
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Interview with Bill Thompson, BBC Technology Columnist - Part II
Published: March 12, 2007
Type: Interview
Section: Sci/Tech
Filed Under: Culture: Society, Politics: Law and Rights, Sci/Tech: Internet
Writer: Spincycle
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