*What rights do you have to the digital movies, TV shows and music you buy online? That question was on the minds of Telstra TV Box Office customers this month after the company announced it would shut down the service in June. Customers were told that unless they moved over to another service, Fetch, they would no longer be able to access the films and TV shows they had bought. *
How do you change that without completely stripping property rights away from artists though? Not just corporate IP, but all artists?
That’s the neat part: you don’t have to, because copyright was never a property right to begin with.
First, not only are ideas not property, they’re pretty much exactly the opposite of it. I’ll let Thomas Jefferson himself explain this one:
Second, a copyright isn’t a right, either; it’s a privilege. Consider the Copyright Clause: it is one of the enumerated powers of Congress, giving Congress the authority to issue temporary monopolies to creators, for the sole and express purpose “to promote the progress of science and the useful arts.” Note that that’s a power, not an obligation, and the purpose is not “because the creator is entitled to it” or anything similar to that.
Besides, think of it this way: if copyright were actually a property right, the fact that it expires would be unconstitutional under the Takings Clause of the Fifth Amendment. But it does expire, so it clearly isn’t a property right.