Re: copyright and natural law?

On Tue, 15 Sep 1998, Albert Henderson <noblestation[_at_]compuserve.com> wrote:
>
> The practical control by which an author or inventor can deny
> his/her work to the world is a reasonable basis, I believe, for
> the exclusive rights of both authors and inventors. The plain
> meaning of the Constitutional language is clear in spite of a
> record that indicates straying from this position as early as 1790.
> Justice M'Lean determined not to recognize the authors' power
> to destroy or withhold, a power which is as plain as the sun in
> the sky. In my opinion, by preferring the language of the Act
> to that of the Constitution, he commited an obvious error.
>
> [deleted one paragraph - jpr]
>
> On the other hand, you might call "fair use" including "library
> photocopying" a "new right" created by law. I don't see how
> it flows from Art. 1 Sec. 8 of the Constitution or common law.

While I try to understand your point of view (some of them are valid and some of them are highly subjective), I need to present the other side of the coin. From the dawn of history (or world), it is very plain as the sun in the blue sky that every individual has the freedom or right to copy anything that comes into his or her area or possession. After all, in order for the Nature to survive, it must ensure that all living things must be able to reproduce themselves. Reproduction cannot occur without the means of copying something.

Against this "natural" freedom or right of copying anything, copyright is truly very artificial, far from being as plain as the sun in the blue sky.

Or, on the edge of the coin, keep in mind that individual's right to copy uncopyrighted books, songs, paintings, and so on COEXISTs with author's copyright since the beginning of the U.S. In that sense, both rights (individual's right to copy and author's copyright) can be as plain as the sun in the blue sky.

Now, I must step down from the soapbox.

Joseph Pietro Riolo
<riolo[_at_]voicenet.com> Received on Wed Sep 16 1998 - 23:52:21 GMT