[pp.int.general] Purpose of copyright

[Reinier Bakels]

Calm down! My statement was only about a different historical background, leading to a different justification. US Copyright law is based on the following constitution provision: "Section 8, Clause 8: 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; "
So the "protection" of the individual is only a means for a social purpose.

Does it work that way? No, of course it doesn't. Rent seeking record companies and publishers only want to maximise profits, and they sell their ideas to politicians in a manner the proverbial used car salesman would be ashamed of. If they clim constitutional rights, it may be the property right - which is a fallacy in this context.

In the US context, reference to the Constitution is definitely important. Unfortunately, there is no similar basis in the continental European "droit d'auteur" tradition. Here the argument may be that "droit d'auteur" is intended primarily to serve the interests of the actual authors (as becomes apparent e.g. from the existence of moral rights next to exploitation rights, something unknown in US copyright!), rather than publishers etc.

In sum, in both cases there is reason to argue that the undue emphasis on commercial exploitation is unjustified,for different reasons. (Economists, however honest, can only cope with commercial exploitation. Don't believe them!) 

Also, my message was meant as a "caveat" that (traditional) US copyright justification arguments and EU author's right justification arguments are not always compatible.       

Groeten, Grüße, Regards, Cordialement, Hälsningar, Ciao, Saygilar, Üdvözlettel, Pozdrowienia, Kumusta, Adios, Oan't sjen, Ave, Doei, Yassou, Yoroshiku, Slán, Vinarliga, Kær Kveðja
>>> REINIER B. BAKELS PhD LL.M. MSc
private: Johan Willem Frisostraat 149, 2713 CC Zoetermeer, The Netherlands telephone: +31 79 316 3126, GSM ("Handy") +31 6 4988 6490,  fax +31 79 316 7221
  ----- Original Message ----- 
  From: Carlos Ayala 
  To: Pirate Parties International -- General Talk ; rms at gnu.org ; internacional at partidopirata.es 
  Sent: Sunday, August 24, 2008 6:01 PM
  Subject: Re: [pp.int.general] Purpose of copyright


  ----- Mensaje original ----
  De: Reinier Bakels <r.bakels at planet.nl>
  Enviado: domingo, 24 de agosto, 2008 16:46:17

  > Incidentally, European "author's right" is different from American "copyright". The latter is more
  > oriented towards society, the former to the "author". Which in practice is often the publisher.
  > Where it all goes wrong

  If the US "copyright" model is the right one and the "author's rights" -nevertheless, the UDHR standard- the wicked one, why do all these things happen in USA?

  - filesharing does not exist in USA -neither private copying in a wide sense, but a kind of backup copy according to AHRA Section 1008-
  - a woman fined 9,250 $/song due to non-commercial filesharing
  - ASCAP forcing Girls Scout to pay or stay quiet -considering singing around a campfire as a copyright infringement-
  - US public offices like US-CERT make use of public money to launch campaigns against filesharing, threatening citizens with consequences of non-commercial sharing of copyrighted works

  I can with these evidences -and I would offer many others-, beyond a reasonable doubt, that US copyright regime fails as well as EU regime in securing citizen's rights regarding culture, and that stating US copyright regime more oriented towards society would be an unaccurate statement. Regards,

   
                                                                   Carlos Ayala
                                                                   ( Aiarakoa )

                                               Partido Pirata National Board's Chairman


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