Project:The copyright status of Wittgenstein’s works: Difference between revisions

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The difference between intellectual property and the property of material goods, however, has implications that reach beyond the relative ease of breaching the former compared to breaching the latter. The very power of culture consists in the possibility for words, pictures, music, etc. to be reproduced with relatively little effort and, most importantly, ''without thereby consuming, diminishing, or getting any closer to the depletion of the “source”''. As the saying – often misattributed to George Bernard Shaw – goes: “If you have an apple and I have an apple and we exchange apples then you and I will still each have one apple. But if you have an idea and I have an idea and we exchange these ideas, then each of us will have two ideas”. The benefit that society as a whole gains from the exchange and the transmission of ideas has long been clear. Therefore, a limitation always accompanies the affirmation of the author’s rights over their works: eventually, copyright expires, and the works become public property. Unlike the property a house, then, which can be handed over from parents to children by way of inheritance for, in principle, endless generations, the intellectual property of a creative work expires two to three generations after the author’s death, depending on the country or territory.
The difference between intellectual property and the property of material goods, however, has implications that reach beyond the relative ease of breaching the former compared to breaching the latter. The very power of culture consists in the possibility for words, pictures, music, etc. to be reproduced with relatively little effort and, most importantly, ''without thereby consuming, diminishing, or getting any closer to the depletion of the “source”''. As the saying – often misattributed to George Bernard Shaw – goes: “If you have an apple and I have an apple and we exchange apples then you and I will still each have one apple. But if you have an idea and I have an idea and we exchange these ideas, then each of us will have two ideas”. The benefit that society as a whole gains from the exchange and the transmission of ideas has long been clear. Therefore, a limitation always accompanies the affirmation of the author’s rights over their works: eventually, copyright expires, and the works become public property. Unlike the property a house, then, which can be handed over from parents to children by way of inheritance for, in principle, endless generations, the intellectual property of a creative work expires two to three generations after the author’s death, depending on the country or territory.


The rationale for the finite duration of the copyright term lies, firstly, in the concept that the circulation of ideas through the replication of works of art (and fiction, and nonfiction) is in the interest of the human community, and not only in the interest of the author and their heirs; and, secondly, in the concept that if such circulation is free not only in the sense of freedom, but also in the sense of gratuity, the interest of the human spirit will be much better served.
The rationale for the finite duration of the copyright term lies, firstly, in the concept that the circulation of ideas through the replication of works of art (and fiction, and nonfiction) is in the interest of the human community, and not only in the interest of the author and their heirs; and, secondly, it lies in the concept that if such circulation is free not only in the sense of “freedom”, but also in the sense of “free of cost”, the interest of the human spirit will be much better served.


[[File:Wittgenstein's testament.jpg|thumb|right|Wittgenstein's testament. “I give to Mr. R. Rhees Miss G.E.M. Anscombe and Professor G.H. von Wright of Trinity College Cambridge All the copyright in all my unpublished writings and also the manuscripts and typescripts thereof to dispose of as they think best but subject to any claim by anybody else to the custody of the manuscripts and typescripts. I intend and desire that Mr. Rhees Miss Anscombe and Professor von Wright shall publish as many of my unpublished writings as they think fit but I do not wish them to incur expenses in publication which they do not expect to recoup out of royalties or other profits.”]]
[[File:Wittgenstein's testament.jpg|thumb|right|Wittgenstein's testament. “I give to Mr. R. Rhees Miss G.E.M. Anscombe and Professor G.H. von Wright of Trinity College Cambridge All the copyright in all my unpublished writings and also the manuscripts and typescripts thereof to dispose of as they think best but subject to any claim by anybody else to the custody of the manuscripts and typescripts. I intend and desire that Mr. Rhees Miss Anscombe and Professor von Wright shall publish as many of my unpublished writings as they think fit but I do not wish them to incur expenses in publication which they do not expect to recoup out of royalties or other profits.”]]