Mark uses the language of entrepreneurship, and I think this argues against his conclusion. Property law protects the property of the entrepreneur, and the ventures he creates, not the stream of income accruing to those ventures. Suppose Mark has the brilliant insight to open a Brooklyn-style deli on a street corner here in Columbia, Missouri, makes lots of money, and then I open a similar shop across the street, cutting into his revenues. No one would argue that I’ve violated Mark’s property rights; the law rightly protects the physical integrity of Mark’s shop, such that I can’t break in and steal his equipment, but doesn’t protect him against pecuniary externalities. The fact that Mark’s restaurant wouldn’t have existed if he hadn’t created it — that “real people make this stuff,” as he puts it — has no bearing on the legality of my opening up a competing restaurant, even though this harms him economically.
Likewise, if I write a book, and Mark makes a copy without my permission, he may have reduced my income stream, but he doesn’t “steal” my book — I still have the original. The thorny issue in these debates over copyright is whether my underlying idea — the thoughts that are expressed, in a particular way, in that book — constitutes “property” that deserves legal protection. I’ll state for the record that I think ideas are not property per se, and that preventing Mark from copying my book is a violation of Mark’s property rights. But wherever one comes down on this issue, the fact that the book resulted from a creative act — that it wouldn’t have existed if I hadn’t exercised my creative faculties, worked hard, and so on — does not, it seems to me, have any particular implications for copyright law. Creative things are created by real people, but it doesn’t follow that all created things warrant legal protection.
sábado, fevereiro 02, 2013
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Creativity and Property Rights: