Why Copyright Law is so Mickey Mouse - And How to Fix It: Q&A with Jerry Brito

"If I take your car, you no longer have your car. If I sing a song that you wrote, you still have your song," says Mercatus Center senior research fellow Jerry Brito in explaining the difference between real property and intellectual property.

The latter, he stresses, is statutory property, created by the Constitution and designed to secure for creators a limited period of exclusive control of their works. "That's exactly why we have copyright: So you can turn a profit." But that incentive to create is supposed to be balanced again society's gain from having works go into the public domain, where anyone can use them. The original copyright term in the U.S. lasted for 14 years and could be renewed once. Under current law, the term is the life of the creator plus 70 years. At the same time, enforcement against copyright infringement and unauthorized use has been on the rise.

Brito is the editor of the new book, Copyright Unbalanced: From Incentive to Excess, which features contributions by David Post, Tom W. Bell, Christina Mulligan, Reihan Salam, Patrick Ruffini, Tim B. Lee, and Eli Dourado. Copyright Unbalanced argues that Congress acts as a tool of Hollywood and other powerful interests, extending copyright terms whenever Mickey Mouse or other properties are about to enter the public domain. Returning to the original understanding of copyright, says Brito, is essential, especially since copying has never been so easy.

Nick Gillespie talked with Brito about copyright excesses, Mickey Mouse, the Stop Online Piracy Act, and whether Brito - a lawyer by training - has unauthorized materials on his hard drive.

About 5 minutes.

Camera by Zach Weissmueller and Joshua Swain; edited by Swain.

Scroll down for downloadable versions, and subscribe to Reason TV's YouTube Channel to receive immediate updates when new material goes live.

• Category

  News & Politics

[John Whitman]

It is important to understand what is in the minds of sick people like the author of this book. I wonder how he'd feel if people borrowed some money out of his bank account! He's probably not making any money with his work so he has no respect for people who do.

[realitymainperson]

you realize mickey mouse(among donald & co characters of them) have many different persons to create comic stories of them. it's very close be the same as public domain.

[hagbard72]

Copyright is copy privilege. Abolish copyright. People will still create and they'll still make money, just not in the form we are today.

[orochimarujes]

While I think you're on the right track, that analogy doesn't fit as well as it could. Pirating a lawnmower would be more like making an exact copy of it from your own materials. That way, not only does the original owner not know it happened, they never suffered ANY risk of property loss or property damage (just like when you download something).

[PLooBzor]

If it's so important then before you allow someone to purchase your product, get them to sign a contract to not make copies or distribute your media. I think most software forces you to agree to terms and conditions before allowing you to install it. You don't need government protection through laws prohibiting competition.

[Paul Taylor]

Ethical agnostic. Is it someone who believes that there may be ethics, or isn't willing to commit to the idea of ethics? I think Libertarians acknowledge that ethics do exist and try to convince others through peaceful persuasion, but they realize one person pushing their ethics on to another in the form of legislation and taxes is ETHICALLY wrong.

[carultch]

I see total hypocrisy in Disney. Most of what they are famous for doing, is based on already written works from centuries ago. And they are the ones who are pushing for more copyright.

[34lbs]

DON'T SAY ANYTHING, KizoneKaprow AND HIS ARMY OF THUMBS UP BOTS WILL ANNHILATE YOU!!!

[34lbs]

Did you like, make 15 accounts just to thumbs up your comment? I mean libertarianism is based on ethics...

[misterjosh]

Pirating is not theft, it's unauthorized use. It's like if I came over and "borrowed" your lawnmower while you were at work and then returned it before you got home. The cops aren't going to haul me away for having "stolen" your lawnmower, but I shouldn't have taken it, even for that limited amount of time. I don't have a problem with the idea of IP laws, just the current incarnation of them.