Copyright laws were originally intended to protect individuals and their works, but today, there are people are questioning their purpose and effectiveness. Gaebler reports that some believe copyrights hinder access to information. In light of the demands of some that the practice of copyright law should be abandoned altogether, it's interesting to review the basics of this form of intellectual property protection – and also to think about what a world without copyrights would be like.
What is a copyright?
A copyright is the exclusive legal right to print, publish, perform, film or record literary, artistic or musical material, and to authorise others to do the same (or prevent them from doing so). Copyright laws were put in place to legally protect expressions of ideas and information. Individual copyrights grant exclusive rights for creative works including written material, recordings, paintings, photographs, software, broadcasts and industrial designs, but only for a specified period of time. After a copyright expires and is not renewed, the content protected under it becomes fair game, available to the public penalty-free and without restriction.
The U.S. Copyright Office defines copyright as a form of intellectual property law that "protects original works of authorship including literary, dramatic, musical, and artistic works, such as poetry, novels, movies, songs, computer software and architecture [and] does not protect facts, ideas, systems, or methods of operation, although it may protect the way these things are expressed." By this logic, which is similar to definitions held by similar organisations in Australia and elsewhere in the world, copyrights only protect very specific expressions of ideas rather than ideas themselves. For example, you can copyright a story about a talking rabbit, but not the concept of talking rabbits in general.
Controversy surrounding copyrights
The general consensus among those who criticise the practice of copyrighting centers on the question of whether an idea can be owned. People argue that copyright laws can be used by corporations (or those lobbying in their interest) to create unfair advantage in the marketplace. Others insist that modern applications of copyright laws conflict with the constitutionally mandated goal of promoting knowledge and learning, according to Gaebler. The criticism of copyrights tends to also focus on the business world – people tend to find issues with the idea of monetising artistic expressions and the fundamental differences between artistic and profit-making interests.
A world without copyrights
A world without copyrights would be a tumultuous one. Confusion and chaos would ensue in the marketplace as creatives would lose any financial protection for their work. Businesses would also suffer from an inability to protect their ideas and identities, hurting not only the business owners but also their customers – especially if the lack of copyrights also extended to patents and trademarks. In a haze of unregulated, non-copyrighted noise, how would the consumer differentiate between brands? How could they discern which are legitimate? As just one example, is a world with 40 separate companies using the same golden arches branding in their restaurants really one that you, as a consumer, want to try navigating?
A world without copyrights is also effectively a world without motivation to innovate. If exclusive rights were no longer available, the monetary incentive behind new ideas – as well as the pride and self-fulfillment incentives – would all but disappear.
In art and literature
Art and literature would naturally decline in a world without copyrights. Without a way to monetise art to provide for themselves, many artists would resort to working a day job in another field, presumably one they lack passion for. With the time-and-energy-consuming job taking up their waking hours, they would have less time to create meaningful work. Without copyrights, artists would have to choose between making art and making a living.
Science fiction and fantasy novelist C.S. Friedman said that if copyrights were no longer something that existed, she wouldn't be a writer, as her ability to make a living is dependent upon the ability to make money from her work. She added that the disappearance of IP protection would effectively "put every novel [she's] published on the list of things that would not exist if this happened [as well as] the novels of many, many authors, the paintings of many artists, the music of many composers [and more]. Not because [they] don't love creating things, but because earning a living has to come first."
In science and technology
Similarly, technological innovation in the most advanced fields would stagnate due to a lack of monetary incentive in a world that lacked the protections afforded by copyrights, patents and trademarks. Research and development is crucial to advances in science and technology, but with no way to protect assets, not only do the developers lose, but the market will flood with cheap knock-offs. It would be incredibly difficult to discern quality, as companies' focus would shift from the quality of the development to a mad dash to profit from it.
In business and beyond
Copyrights, patents and trademarks provide businesses small and large with tools to combat infringement by competing businesses. Without IP protections, the already ultra-competitive business world would become even more cutthroat. Businesses would have to move incredibly fast to leverage the advantage gained by inventing or innovating something new. If you don't capitalise on your edge fast enough, competition can and will copy catch up to you.
Although copyrights and other key aspects of IP law may seem abstract and even unnecessary to those who doesn't fully understand their purpose, they represent critical elements of our society. These protections enable healthy market competition and drive creative, scientific and business innovations while protecting those who innovate, and thus they must remain in place.
Learn more about Alder IP's legal services and copyright law and how it could protect your intellectual property by exploring our website or calling to schedule a free consultation.