Republican Study Committee Intellectual Property Brief: Copyright Law Destroys Markets; It's Time For Reform FULL PDF TEXT

House Republicans: Copyright Law Destroys Markets; It's Time For Real Reform  FULL PDF TEXT

RSC Policy Brief: Three Myths about Copyright Law and Where to Start to Fix it:November 16, 2012RSC Staff Contact: Derek S. Khanna, Derek.Khanna@mail.house.gov, (202) 226-0718

This paper will analyze current US Copyright Law by examining three myths on copyright law and possible reforms to copyright law that will lead to more economic development for the private sector and to a copyright law that is more firmly based upon constitutional principles.

1. The purpose of copyright is to compensate the creator of the content:It’s a common misperception that the Constitution enables our current legal regime ofcopyright protection – in fact, it does not. The Constitution’s clause on Copyright andpatents states:

“To promote the Progress of Science and useful Arts, by securing for limited Times toAuthors and Inventors the exclusive Right to their respective Writings and Discoveries;”(Article I, Section 8, Clause 8)

Thus, according to the Constitution, the overriding purpose of the copyright system is to“promote the progress of science and useful arts.” In today’s terminology we may saythat the purpose is to lead to maximum productivity and innovation.

This is a major distinction, because most legislative discussions on this topic, particularlyduring the extension of the copyright term, are not premised upon what is in the publicgood or what will promote the most productivity and innovation, but rather what thecontent creators “deserve” or are “entitled to” by virtue of their creation. This lexicon isappropriate in the realm of taxation and sometimes in the realm of trade protection, but itis inappropriate in the realm of patents and copyrights.

Strictly speaking, because of the constitutional basis of copyright and patent, legislativediscussions on copyright/patent reform should be based upon what promotes the maximum “progress of sciences and useful arts” instead of “deserving” financialcompensation. (FULL TEXT and DOWNLOADS in PDF, TEXT and FLASH FORMATS BELOW.)

Republican Study Committee Intellectual Property Brief