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Copyright’s Creative Disincentive

Sep 01, 2009, 22:05 (0 Talkback[s])
(Other stories by David Weinberger)

"Copyright’s Creative Disincentive

"The argument seems simple: (a) If every time you put apples out on your fruit stand, they’re immediately stolen, pretty quickly you’ll stop putting out apples. (b) What’s true of your physical property is also true of your “intellectual property.” (c) Therefore, without a system of strong copyright, creators will have no incentive to create.

"The nice thing about that argument is that it makes a factual claim: Weaken copyright and you decrease innovation. That the facts so resoundingly, enthusiastically, thumpingly dispute that conclusion tells us that the syllogism is wrong. Indeed, the facts say the syllogism has it backwards. Current copyright laws are holding back the innovation they were intended to spur.

"The argument gets one crucial point exactly right: Copyright grants creators temporary monopolistic control over the publishing of their works in order to serve a larger social goal: to maximize cultural innovation, production, and sharing. But the syllogism is wrong because it misunderstands the role of incentives, and it misunderstands them so blatantly that it seems unlikely to be accidental."

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