Free Talk Live: IP and Disney

Listening to the Wednesday edition of Free Talk Live on my Treo 650 today; listening to Ian pound Mark over the head for his support for Intellectual Property rights. (third day in a row, I might add...)

Generally, I agree with Mark on this issue. As an architect, I know that the thought that goes into design is a valuable commodity that needs to be protected. Otherwise the less scrupulous out there will simply wait for someone else to do the hard work of invention so that they can then profit from it at the inventor's expense. Contrary to Ian's assertions, I've not seen any evidence that people will do the months and years of work required to bring something to market unless they have reasonable confidence that they will make a profit from it. If anybody can copy a design and be free to sell it the day after it hits the market (or as in the case of the Chinese clothing 'pirates', even before it hits the market) then the chances for profit are greatly reduced. I don't know of any business that stays in business without making a profit.

On the other hand, I don't really believe that corporations (like Disney) should be allowed to hold rights to intellectual property. Those rights should be limited to real people, not legal entities that will continue to expect a profit long past the lifespan of the original author. Disney is a prime example of this, since their lobbying was instrumental in getting the latest extension to copyright terms passed.

There is a phrase that applies to the subject of Disney characters and the school mural that was the subject of rather heated discussion on Wednesday's show. That phrase is "work of art". A work of art is generally exempt from claims of copyright infringement. That doesn't stop the corporations with lawyers and money at their disposal threatening people with legal action if their demands aren't met. The truth is that the school blinked when Disney decided to play hard ball. If push had come to shove, Disney would probably have dropped the case.

Copyright terms expiring was the real reason for Disney going after public displays of their copyrighted works. Like Coke being synonymous with cola and Kleenex with facial tissue, Disney was fighting the battle of keeping their property from passing into the public domain; and they won that battle by passing new legislation. If corporations were excluded from owning these types of property, the entire battle could have been avoided.

[On the question from a listener concerning the objectivist opinion on the subject; as an objectivist myself, I think I can vouch for the fact that objectivists in general understand the need to protect the "mind's contribution" to the creative effort]

Oh, and Ian, your disbelief in intellectual property doesn't equate to the non-existence of intellectual property. But your willingness to steal other peoples ideas speaks volumes to the subject of why the MPAA and the RIAA are willing to go to such lengths to protect their investments.

For what it's worth, this is one of those arguments that illustrates the very narrow difference between a communist (in the government-less nature of the word 'commune') and the little 'a' anarchists and the extreme edge of the Libertarian party. They would also tell you that ideas 'should be free', but I'm not willing to live in their version of utopia either.

2 comments:

  1. I would agree that corparations are a legal entity and recieve unfair protections under law, but I suspect that the free market would find a way to create corporations anyway.

    ReplyDelete
  2. whoops forgot to spellcheck.

    ReplyDelete

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