Friday, October 23, 2009

Intellectual Property and Fair Compensation

The author of a recent ARS Technica article entitled "Content Owners Need To Calm Down," some anonymous writer calling themselves "Free Audio Books" argues that content developers (writers, etc.) shouldn't get so worked up over others using their work without permission. To underscore their opinion, the author quoted copyright expert William Patry's concluding statement from a book onthe subject of intellectual property rights: “I cannot think of a single significant innovation in either the creation or distribution of works of authorship that owes its origins to the copyright industries.”

Unfortunately for this person's argument, the copyright debate isn't about the creative process that produces original works; it is about fair compensation for the creation of a product. No one disputes the right for a farmer, for example, to be paid for the food they produce. If hordes of people simply drove up and grabbed as much corn or strawberries as they could carry and drove off to use them or sell them for a profit, they could be arrested (and rightly so) for theft. No one would sympathize with the thief; after all, they were trying to use the fruit of someone else's labor for their own purposes.

How does this differ from the unauthorized use of a writer's work? A product is a product, whether it is tangible or not. At the very least, laws governing ownership and commerce should be applied equally to all labor. Just because an idea doesn't take material form doesn't mean that it should receive lesser protections.