By
Chris Meadows
Copyright is one of the legal theories that tends to come up most often in connection with e-books. The ease of copying digital data, coupled with laws against breaking decryption on that data, have generated a controversy that has been going on for at least twelve years now and shows no signs of stopping.
Yet there are quite a few misconceptions about copyright that tend to persist, and it’s time to try to clear some of them up. (Again.)
Copyright is a monopoly.
By which I don’t mean to say that publishing is a monopoly, though some people might still look askance at the Big Six or Agency Five with that point of view in terms of the recent Agency Pricing controversy. No, copyright itself is a monopoly—a government-granted monopoly over the publishing of certain works.
“But we own those works,” copyright holders might protest. “Of course we have a ‘monopoly’ over them!” They might find this to be obvious, in much the same way people poked fun at Amazon’s strangely-worded “capitulation” to Macmillan in the first few days after Amazon yanked Macmillan’s print titles.
But as much as people snorted at Amazon’s complaint that Macmillan had a “monopoly over their own titles,” it does have that monopoly—but only because, thanks to copyright law, the government says that Macmillan is the only one with the rights to publish those particular works, due to its agreement with the original copyright holders (the authors). Likewise, copyright holders only “own” their works because the government says they do, not from any property inherent in the works themselves.
If it weren’t for those laws, anyone could publish anything with impunity. (As US publishers did with foreign authors’ books, in the 19th century when the US didn’t recognize other nations’ copyrights.) There’s no natural law saying that only the person who wrote the words can copy them, the way that physical objects can only be in the possession of one person at a time. Anyone can copy words or pictures—unless the government steps in to say, “No you can’t.”
There is a common misconception today, especially among people who create copyrighted works, that the purpose of copyright is to protect the people who create copyrighted works. But in a terrific essay in Open Spaces Magazine, law professor Lydia Pallas Loren reminds us that the real reason that copyright was written into the US Constitution was to protect not the creators of the work, but the public as a whole.
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