Tag: Keith Hylton

It’s All About the Authors

In anticipation of a hearing in the House Judiciary Committee Wednesday afternoon, Sandra Aistars, executive director of the Copyright Alliance, writes in the Hill about the principles that should guide copyright reform, calling for debate “based in reality rather than rhetoric.”

Chief among these principles is that protecting authors is in the public interest. Ensuring that all creators retain the freedom of choice in determining how their creative work is used, disseminated and monetized is vital to protecting freedom of expression.

Arguing for authors in terms of freedom of choice and expression is good rhetoric, but it’s quite unlike what I expect you’ll hear during our noon Wednesday forum on copyright and the book Laws of Creation: Property Rights in the World of Ideas.

Authors Ron Cass and Keith Hylton methodically go through each intellectual property doctrine and explore its economic function, giving few words to authors’ “choice” or their “freedom of expression.” They certainly don’t denigrate authors or their role, but Cass and Hylton don’t vaunt them the way Aistars does either.

Recent events in the copyright area are providing much grist for the discussion. You can still register for the book forum, treating it as a warm-up for Wednesday afternoon’s hearing, if your freedom of choice and expression so dictate.

A Copyright Comeback?

Register here now for next Wednesday’s book forum.

There is certainly excellent Cato work on copyright and intellectual property that predates mine, but the starting point for my work in the area was the 2006 “Copyright Controversies” conference. Along with considering whether copyright is founded in natural law or utilitarian considerations, we examined the challenges to copyright posed by emerging modes of creation and by enforcement issues.

Since then, I’ve made it my practice to periodically return to copyright, intellectual property law, and other information regulations when I’ve come across a new book that brings new ideas to the table.

At our most recent book event, on the Mercatus book Copyright Unbalanced: From Incentive to Excess, the case for copyright reform made by Cato alumni Jerry Brito and Tom W. Bell was met with a strong, first-principles defense of copyright by Mitch Glazier.

Now comes Laws of Creation: Property Rights in the World of Ideas, in which Ronald A. Cass and Keith Hylton reject the idea that changing technology undermines the case for intellectual property rights. They argue that making the work of inventors and creators free would be a costly mistake.

Between Glazier’s performance and this new book, perhaps the intellectual tide is turning back to support for copyright and intellectual property law. But two data points are probably not enough to identify a trend.

On March 20th, we’ll have Cass and Hylton at Cato to present their work, with Jerry Brito providing commentary. It’s up to you do decide for yourself whether copyright is making a comeback. The question is especially acute with the recent ruling that unlocking one’s cell phone in order to use it on another network is illegal.

Register now!

Laws of Creation: Property Rights in the World of Ideas

“What can be said about copyright that doesn’t anger somebody somewhere?”

“Not very much,” I said in answer to my own rhetorical question at the beginning of a December book forum on Copyright Unbalanced: From Incentive to Excess (Mercatus Center, 2012).

Copyright and other intellectual property laws are controversial: Some libertarians regard inventions of the mind as the rightful property of their creators. The Framers, they point out, empowered Congress to secure these rights to authors and inventors. Others lament these laws as information regulations that conflict with natural rights.

The latest turn in the copyright controversy is the Librarian of Congress’s decision no longer to exempt the unlocking of (newly purchased) mobile phones from the proscriptions of the Digital Millennium Copyright Act. In other words, consumers can no longer use their phones on a different network without the original carrier’s permission, even after their contracts have expired.

Derek Khanna, the former Republican Study Committee staffer fired after penning a memorandum strongly critical of current copyright law, called it in The Atlantic the “Most Ridiculous Law of 2013 (So Far),” and a petition asking the president to reverse the Librarian’s ruling has more than 87,000 of the 100,000 it requires to get the White House’s response.

We won’t necessarily get into that particular issue on March 20th when we hear from Ronald Cass and Keith N. Hylton, authors of the book Laws of Creation: Property Rights in the World of Ideas. But Cass and Hilton argue against the notion that changing technology undermines the case for intellectual property rights. Indeed, they argue that technological advances only strengthen the case for intellectual property rights. 

In the view of Cass and Hylton, the easier it becomes to copy innovations, the harder to detect copies and to stop copying, the greater the disincentive to invest time and money in inventions and creative works. Intellectual property laws are needed as much as ever.

Register now for this March 20 noon-time event. It’s the latest in a long series of Cato events examining copyright and intellectual property, subjects on which libertarians often find themselves divided.