Free and prosperous societies respect property rights. But do copyrights really qualify for the same respect afforded to houses, cars, and computers? Recent legislative trends suggest that lawmakers have been misled by the rhetoric of property to make copyright more and more powerful. This trend has thrown public policy out of balance, discouraged innovation, and harmed consumers. Rather than a form of property, lawmakers should regard copyrights as government-granted privileges that threaten our natural and common law rights and that, when taken too far, make worthy targets for reform.

2. Left
Questions copyright
restrictions
But flexible view of
property
Right
Pro Property Rights
But thinks copyright
equals property

3. Free Market View:
Pro Property Rights
and
Questions Copyright Restrictions
Left Right

5. 1308
79602
0
10000
20000
30000
40000
50000
60000
70000
80000
90000
1790 Act Present Act
Words in U.S. Copyright Statute

8. Founders’© v. Present ©
Max Term: 28 years v. author’s life + 70 years
Infringing: copying the whole v. any copying, preparation of derivative
works, public display, public
performance, or public distribution
Subjects: maps, books, or charts v. graphic or literary works,
songs, plays, movies, dances,
sculptures, sound recordings,
architectural works, computer
programs, etc.
Remedies: statutory damages v. statutory damages or actual
and seizure of copies damages & unjust profits,
destruction of infringing copies &
devices, costs & attorneys fees,
bars on imports, fines, &
imprisonment

9. Proposed § 107(b)

10. Proposed § 301(g)