eftychia: Me in kilt and poofy shirt, facing away, playing acoustic guitar behind head (Default)
posted by [personal profile] eftychia at 05:24am on 2012-11-30

"[...] few of us question the contemporary construction of copyright. It is taken as a law, both in the sense of a universally recognizable moral absolute, like the law against murder, and as naturally inherent in our world, like the law of gravity. In fact, it is neither. Rather, copyright is an ongoing social negotiation, tenuously forged, endlessly revised, and imperfect in its every incarnation.

"Thomas Jefferson, for one, considered copyright a necessary evil: he favored providing just enough incentive to create, nothing more, and thereafter allowing ideas to flow freely, as nature intended. His conception of copyright was enshrined in the Constitution, which gives Congress the authority to 'promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries.' This was a balancing act between creators and society as a whole; second comers might do a much better job than the originator with the original idea.

"But Jefferson's vision has not fared well, has in fact been steadily eroded by those who view the culture as a market in which everything of value should be owned by someone or other. [...]"

-- Jonathan Lethem, "The ecstasy of influence: A plagiarism", Harper's Magazine, February 2007

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