Criticism of copyright

{{Short description|Dissenting views of copyright law}}

{{Redirect|Opposition to copyright|the abolition movement|Copyright abolition}}

{{Use mdy dates|date=June 2018}}

{{Use British English|date=January 2014}}

File:Kopimi k.svg, an anti-copyright initiative developed by the Piratbyrån, a Swedish organisation actively opposing modern copyright law and practices, and the previous operators of BitTorrent tracker The Pirate Bay, before it was spun off as an independent organisation]]

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Criticism of copyright, or anti-copyright sentiment, is a dissenting view of the current state of copyright law or copyright as a concept. Critics often discuss philosophical, economical, or social rationales of such laws and the laws' implementations, the benefits of which they claim do not justify the policy's costs to society. They advocate for changing the current system, though different groups have different ideas of what that change should be. Some call for remission of the policies to a previous state—copyright once covered few categories of things and had shorter term limits—or they may seek to expand concepts like fair use that allow permissionless copying. Others seek the abolition of copyright itself.

Opposition to copyright is often a portion of platforms advocating for broader social reform. For example, Lawrence Lessig, a free-culture movement speaker, advocates for loosening copyright law as a means of making sharing information easier or addressing the orphan works issue{{cite web |url=https://www.ted.com/talks/larry_lessig_says_the_law_is_strangling_creativity |title=Larry Lessig says the law is strangling creativity |publisher=ted.com |date=2007-03-01 |access-date=2016-02-26 |author=Larry Lessig |author-link=Larry Lessig |archive-date=October 21, 2019 |archive-url=https://web.archive.org/web/20191021084338/https://www.ted.com/talks/larry_lessig_says_the_law_is_strangling_creativity |url-status=live }} and the Swedish Pirate Party has advocated for limiting copyright to five year terms.{{Cite web |url=http://www.ip-watch.org/2006/09/04/swedish-pirates-call-for-ip-reform-spurs-global-interest/ |title=Swedish "Pirates'" Call for IP Reform Spurs Global Interest |date=2006-09-04 |website=Intellectual Property Watch |language=en-US |access-date=2018-09-03 |archive-date=September 3, 2018 |archive-url=https://web.archive.org/web/20180903220959/http://www.ip-watch.org/2006/09/04/swedish-pirates-call-for-ip-reform-spurs-global-interest/ |url-status=live }}

Economic arguments

=Non-scarcity=

{{Main|Artificial scarcity}}

There is an argument that copyright is invalid because, unlike physical property, intellectual property is not scarce and is a legal fiction created by the state. The argument claims that copyright infringement, unlike theft, does not deprive the victim of the original item.Kinsella, Stephan [https://mises.org/library/against-intellectual-property-0 Against Intellectual Property] {{Webarchive|url=https://web.archive.org/web/20221008104040/https://mises.org/library/against-intellectual-property-0 |date=October 8, 2022 }} (2008) Ludwig von Mises Institute.Green, Stuart P. [https://www.nytimes.com/2012/03/29/opinion/theft-law-in-the-21st-century.html When Stealing Isn't Stealing] {{Webarchive|url=https://web.archive.org/web/20180130200701/http://www.nytimes.com/2012/03/29/opinion/theft-law-in-the-21st-century.html |date=January 30, 2018 }} (2012) The New York Times

=Historical comparison=

It is unclear if copyright laws are economically stimulating for most authors, and it is uncommon for copyright laws to be evaluated based on empirical studies of their impacts.{{Cite conference |last=Heald |first=Paul J. |date=2007-01-09 |title=Property Rights and the Efficient Exploitation of Copyrighted Works: An Empirical Analysis of Public Domain and Copyrighted Fiction Best Sellers |conference=2nd Annual Conference on Empirical Legal Studies |language=en |doi=10.2139/ssrn.955954 |ssrn=955954 |s2cid=152927560 |url=https://scholarship.law.umn.edu/mlr/591 |url-access=subscription }}{{Cite book |title=The Public Domain |last=Boyle |first=James |url=http://www.thepublicdomain.org/download/ |year=2008 |access-date=August 22, 2018 |archive-date=January 24, 2016 |archive-url=https://web.archive.org/web/20160124052602/http://www.thepublicdomain.org/download/ |url-status=live }}{{Cite journal |first=Jessica |last=Litman |date=2010-01-14 |title=Real Copyright Reform |journal=Iowa Law Review |volume=96 |issue=1 |language=en |ssrn=1474929}}

Cultural arguments

=Freedom of knowledge=

File:FREE BEER version 3.2, St Austell 2.jpg" demonstrator supporting the "freedom of knowledge" idea: "Copyright is preventing access to knowledge" (2007).]]

Groups such as Hipatia advance anti-copyright arguments in the name of "freedom of knowledge" and argue that knowledge should be "shared in solidarity". Such groups may perceive "freedom of knowledge" as a right, and/or as fundamental in realising the right to education, which is an internationally recognised human right, as well as the right to a free culture and the right to free communication. They argue that current copyright law hinders the realisation of these rights in today's knowledge societies relying on new technological means of communication and see copyright law as preventing or slowing human progress.{{cite web |url= http://www.hipatia.info/index.php?id=manifesto2_en |title= Second Manifesto |publisher= Hipatia |access-date= 2008-07-25 |archive-url= https://web.archive.org/web/20081201103820/http://www.hipatia.info/index.php?id=manifesto2_en |archive-date= December 1, 2008 |url-status= dead }}

=Authorship and creativity=

Lawrence Liang, founder of the Alternative Law Forum, argues that current copyright is based on a too narrow definition of "author", which is assumed to be clear and undisputed. Liang observes that the concept of "the author" is assumed to make universal sense across cultures and across time. Instead, Liang argues that the notion of the author as a unique and transcendent being, possessing originality of spirit, was constructed in Europe after the Industrial Revolution, to distinguish the personality of the author from the expanding realm of mass-produced goods. Hence works created by "authors" were deemed original, and merges with the doctrine of property prevalent at the time.{{cite web | url = https://www.countercurrents.org/hr-suresh010205.htm | last = Liang | first = Lawrence | title = Copyright/Copyleft: Myths About Copyright | publisher = Infochangeindia.org | date = February 2005 | access-date = August 13, 2017 | archive-date = August 13, 2017 | archive-url = https://web.archive.org/web/20170813182938/https://www.countercurrents.org/hr-suresh010205.htm | url-status = live }}

Liang argues that the concept of "author" is tied to the notion of copyright and emerged to define a new social relationship—the way society perceives the ownership of knowledge. The concept of "author" thus naturalised a particular process of knowledge production where the emphasis on individual contribution and individual ownership takes precedence over the concept of "community knowledge". Relying on the concept of the author, copyright is based on the assumption that without an intellectual property rights regime, authors would have no incentive to further create, and that artists cannot produce new works without an economic incentive. Liang challenges this logic, arguing that "many authors who have little hope of ever finding a market for their publications, and whose copyright is, as a result, virtually worthless, have in the past, and even in the present, continued to write." Liang points out that people produce works purely for personal satisfaction, or even for respect and recognition from peers. Liang argues that the 19th Century saw the prolific authorship of literary works in the absence of meaningful copyright that benefited the author. In fact, Liang argues, copyright protection usually benefited the publisher, and rarely the author.

=Preservation of cultural works=

The Center for the Study of Public Domain has raised concerns on how the protracted copyright terms in the United States have caused historical films and other cultural works to be destroyed due to disintegration before they can be digitized.{{cite news|last=Vermes|first=Jason|date=10 January 2022|title=How Winnie-the-Pooh highlights flaws in U.S. copyright law — and what that could mean for Canada|url=https://www.cbc.ca/radio/day6/trump-supporters-prep-for-2024-bye-bye-blackberry-don-t-look-up-why-we-procrastinate-joygerm-day-and-more-1.6307339/how-winnie-the-pooh-highlights-flaws-in-u-s-copyright-law-and-what-that-could-mean-for-canada-1.6309960|work=CBC Radio|publisher=Canadian Broadcasting Corporation|location=|access-date=8 March 2022|archive-date=March 8, 2022|archive-url=https://web.archive.org/web/20220308092420/https://www.cbc.ca/radio/day6/trump-supporters-prep-for-2024-bye-bye-blackberry-don-t-look-up-why-we-procrastinate-joygerm-day-and-more-1.6307339/how-winnie-the-pooh-highlights-flaws-in-u-s-copyright-law-and-what-that-could-mean-for-canada-1.6309960|url-status=live}} The center has described the copyright terms as "absurdly long" which hold little economic benefit to rights holders and prevents efforts to preserve historical artefacts. Director Jennifer Jenkins has said that by the time artefacts enter the public domain in the United States after 95 years, many culturally significant works such as old films and sound recordings have already been lost as a consequence of the long copyright terms.{{cite news|author=|date=3 January 2022|title=Why you can now repurpose 'Winnie-the-Pooh' for free|url=https://www.afr.com/companies/media-and-marketing/why-you-can-now-repurpose-winnie-the-pooh-for-free-20220103-p59lka|work=Australian Financial Review|publisher=Nine Entertainment|location=|access-date=8 March 2022|archive-date=October 8, 2022|archive-url=https://web.archive.org/web/20221008104033/https://www.afr.com/companies/media-and-marketing/why-you-can-now-repurpose-winnie-the-pooh-for-free-20220103-p59lka|url-status=live}}

Ethical issues

The institution of copyright brings up several ethical issues.

= Censorship =

{{Main|Censorship by copyright}}

Critics of copyright argue that copyright has been abused to suppress free speech,{{Cite web |last=Masnick |first=Mike |date=2013-07-26 |title=Why Yes, Copyright Can Be Used To Censor, And 'Fair Use Creep' Is Also Called 'Free Speech' |url=https://www.techdirt.com/2013/07/26/why-yes-copyright-can-be-used-to-censor-fair-use-creep-is-also-called-free-speech/ |access-date=2024-04-02 |website=Techdirt |language=en-US}}{{Cite journal |last=Haber |first=Eldar |date=2013–2014 |title=Copyrighted Crimes: The Copyrightability of Illegal Works |url=https://heinonline.org/HOL/SearchVolumeSOLR?view=stp&collection=journals&handle=hein.journals/yjolt16&div=11&terms=censorship%20by%20copyright |journal=Yale Journal of Law and Technology |volume=16 |pages=454–501 |quote=...censorship-by-copyright could endanger other constitutional rights, first and foremost First Amendment rights and possibly due process rights.}} as well as business competition,{{Cite journal |last=Cobia |first=Jeffrey |year=2008 |title=The Digital Millennium Copyright Act Takedown Notice Procedure: Misuses, Abuses, and Shortcomings of the Process |url=http://heinonline.org/HOL/Page?handle=hein.journals/mipr10&g_sent=1&collection=journals&id=391 |journal=Minnesota Journal of Law Science & Technology |volume=1 |pages=391–393 |via=Hein Online}} academic research{{Cite book |last=Westbrook |first=Steve |url=https://books.google.com/books?id=obMIHrKMn-IC&dq=%22Censorship+by+Copyright%22&pg=PA36 |title=Composition and Copyright: Perspectives on Teaching, Text-making, and Fair Use |date=2009-04-09 |publisher=State University of New York Press |isbn=978-1-4384-2599-3 |page=37-38 |language=en}} and artistic expression.{{Cite journal |last=Ghosh |first=Arjun |date=2013 |title=Censorship through Copyright: From print to digital media |url=https://www.jstor.org/stable/23611080 |journal=Social Scientist |volume=41 |issue=1/2 |pages=51–68 |jstor=23611080 |issn=0970-0293}} As a consequence, copyright legislation such as DMCA has enabled copyright owners to "censor academic discussions and online criticism".

= Philosophical arguments =

Selmer Bringsjord argues that all forms of copying are morally permissible (without commercial use), because some forms of copying are permissible and there is not a logical distinction between various forms of copying.Selmer Bringsjord, [http://kryten.mm.rpi.edu/bringsjord_copying.pdf "In Defence of Copying"] {{Webarchive|url=https://web.archive.org/web/20140221015933/http://kryten.mm.rpi.edu/bringsjord_copying.pdf |date=February 21, 2014 }}, Public Affairs Quarterly 3 (1989) 1–9.

Edwin Hettinger argues that natural rights arguments for intellectual property are weak and the philosophical tradition justifying property can not guide us in thinking about intellectual property.Alfino, Mark, [http://guweb2.gonzaga.edu/faculty/alfino/dossier/papers/copyrigh.htm "Intellectual Property and Copyright Ethics"] {{Webarchive|url=https://web.archive.org/web/20131004201129/http://guweb2.gonzaga.edu/faculty/alfino/dossier/papers/copyrigh.htm |date=October 4, 2013 }}, Business and Professional Ethics Journal, 10.2 (1991): 85–109. Reprinted in Robert A. Larmer (Ed.), Ethics in the Workplace, Minneapolis, MN: West Publishing Company, 1996, 278–293.Edwin Hettinger, [http://www3.nccu.edu.tw/~adali/hettinger.pdf "Justifying Intellectual Property"] {{webarchive|url=https://web.archive.org/web/20130319070346/http://www3.nccu.edu.tw/~adali/hettinger.pdf |date=March 19, 2013 }}, Philosophy and Public Affairs, 18 (1989) 31–52. Shelly Warwick believes that copyright law as currently constituted does not appear to have a consistent ethical basis.Warwick, Shelly. [http://www.bc.edu/bc_org/avp/law/st_org/iptf/commentary/content/1999060505.html "Is Copyright Ethical? An Examination of the Theories, Laws, and Practices Regarding the Private Ownership of the Intellectual Work of the United States."] {{Webarchive|url=https://web.archive.org/web/20150107002718/http://www.bc.edu/bc_org/avp/law/st_org/iptf/commentary/content/1999060505.html |date=January 7, 2015 }}, Readings in Cyberethics. 2nd ed. Ed. Richard A. Spinello and Herman T. Tavani. Boston: Jones and Bartlett Publishers, 2004: 305–321.

Organisations and scholars

=Scholars and commentators=

Scholars and commentators in this field include Lawrence Liang,{{cite web| url= http://meeting.creativecommons.org.tw/program:how-does-an-asian-commons-mean| title= How Does An Asian Commons Mean| publisher= Creative Commons| access-date= 2008-07-31| archive-url= https://web.archive.org/web/20080725050513/http://meeting.creativecommons.org.tw/program:how-does-an-asian-commons-mean| archive-date= July 25, 2008| url-status= dead}} Jorge Cortell,{{cite web|url=http://homepage.mac.com/jorgecortell/blogwavestudio/LH20041209105106/LHA20050520091532/index.html|last=Jorge|first=Cortell|title=Lecturer censored in Spanish University (UPV) for defending P2P networks|publisher=Own Website|date=May 2005|url-status=dead|archive-url=https://web.archive.org/web/20050521234902/http://homepage.mac.com/jorgecortell/blogwavestudio/LH20041209105106/LHA20050520091532/index.html|archive-date=May 21, 2005}} Rasmus Fleischer,{{cite web|url=http://www.rockosamhalle.se/texter/fleischer.pdf|last=Fleischer|first=Rasmus|title="Mechanical music" as a threat against public performance|publisher=Institute of Contemporary History, Sodertorn University College|date=May 2006|url-status=dead|archive-url=https://web.archive.org/web/20070627183910/http://rockosamhalle.se/texter/fleischer.pdf|archive-date=June 27, 2007}} Stephan Kinsella, and Siva Vaidhyanathan.

Traditional anarchists, such as Leo Tolstoy, expressed their refusal to accept copyright.Leo Tolstoy, Letter to the Free Age Press, 1900

See also

References

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