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Thus, the aim of copyright is, among other things, to make creativity viable on the market by giving authors monopoly over the distribution of the copies of their works. By being the only authorised sellers of those works, albeit often with the intermediation of a publisher, or a label, etc., authors may be able to secure an income. | Thus, the aim of copyright is, among other things, to make creativity viable on the market by giving authors monopoly over the distribution of the copies of their works. By being the only authorised sellers of those works, albeit often with the intermediation of a publisher, or a label, etc., authors may be able to secure an income. | ||
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 of 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, 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. | 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. |