I doubt whether there exists a single great work of literature which we would not possess had the author been unable to obtain an exclusive copyright for it; it seems to me that the case for copyright must rest almost entirely on the circumstance that such exceedingly useful works as encyclopaedias, dictionaries, textbooks and other works of reference could not be produced if, once they existed, they could freely be reproduced.#
A purported analogy between scarce things like arable land and abundant things like moonlight has always been a good reason in the eyes of many people for maintaining that the “have-nots” have been “constrained” by the “haves”, that the latter have illicitly deprived the former of certain things originally “common” to all men.#
One of the essential elements of copyright—the right to control reproduction—works as expected in the world of traditional media, where there is an obvious distinction between access and reproduction and where the copyright owner’s control of reproduction provides just that. But in the digital world, where no access is possible except by copying, complete control of copying would mean control of access as well.#
Harold Demsetz (1967) in his classic paper “Toward a Theory of Property Rights” makes the case that property rights arise endogenously when the cost of the commons problem begins to exceed the cost of exclusion, and illustrates with the case of Native American tribes and land rights. Once buffalo become . . .
“The art of Economics,” says Henry Hazlitt, “consists in looking not merely at the immediate, but at the longer effects of any act or policy.” This is true not only for the economic effects of policy, but also for the political effects of policy. These longer effects in the political . . .
Though it was originally instituted for the protection of the distributors of media, copyright has come to be regarded in popular mindset as protection for the incentive of artists and innovators to create. The distribution industries know that the function of protecting the distributors as such has been made unnecessary . . .