Intellectual property, not intellectual monopoly

"Editor's Note: This op-ed was originally published by Project Syndicate.

“The copyright and patent laws we have today look more like intellectual monopoly than intellectual property,” wrote Brink Lindsey and Steven Teles in their recent book about the U.S. economy. Concerns about overprotection of intellectual property acting as a barrier to innovation and its diffusion are not new. But they have gained greater salience now that knowledge has emerged as a dominant driver of economic activity and competitive advantage.

Digital technologies have enabled the emergence of an “intangible economy,” based on soft assets like algorithms and lines of code, rather than physical assets like buildings and machinery. In this environment, intellectual-property rules can now make or break business models and reshape societies, as they determine how economic gains are shared."

Sunday, November 16, 2008

What Is Art For?, New York Times, 11/14/08

Via New York Times: What Is Art For?:

"For the Copy Left, as for Hyde, the last 20 years have witnessed a corporate “land grab” of information — often in the guise of protecting the work of individual artists — that has put a stranglehold on creativity, in increasingly bizarre ways. Over dinner not long ago, he told me about the legal fate of Emily Dickinson's poems. Dickinson died in 1886, but it was not until 1955 that an “official” volume of her collected works was published, by Harvard University Press. The length of copyright terms has expanded substantially in the last century, and Harvard holds the exclusive right to Dickinson’s poems until 2050 — more than 160 years after they were first written. When the poet Robert Pinsky asked Harvard for permission to include a Dickinson poem in an article that he was writing for Slate about poetic insults, it refused, even for a fee. “Their feeling was that once the poem was online, they’d lose control of it,” Hyde told me.

In highlighting the absurd ways in which intellectual copyright has overreached, Hyde brings to mind such iconic Copy Left figures as Lawrence Lessig, a constitutional-law scholar at Stanford. Yet Hyde’s new book, which he allowed me to read in draft form (it is unfinished and untitled), addresses what he considers a more fundamental issue. We may believe there should be a limit on the market in cultural property, he argues, but that doesn’t mean that we have “a good public sense” of where to set that limit. Hyde’s book is, at its core, an attempt to help formulate that sense."

http://www.nytimes.com/2008/11/16/magazine/16hyde-t.html?_r=1&scp=1&sq=copyright&st=nyt&oref=slogin