A Response to Forcehimes

Introduction to Copyright Protection

• Response Overview: Sadulla Karjiker responds to Andrew Forcehimes’ argument that the existence of public libraries could justify the unauthorized downloading of ebooks.

• Economic Basis of Copyright: Copyright protection is fundamentally grounded in economic rationale; it distinguishes between physical books in libraries (lawful) versus unauthorized online ebook distribution (unlawful).

Defining Public Goods and Market Implications

• Nature of Copyright Works: Copyright works are considered public goods, characterized as non-rivalrous and non-excludable.

  • Non-Rivalry: More than one person can enjoy copies without diminishing others’ satisfaction at little to no cost.

  • Non-Excludability: Difficulty in preventing individuals from using or enjoying these works.

• Free-Rider Problem: Without copyright protection, non-paying users benefit from public goods, leading to market failures due to lack of financial incentive for creators.

The Role of Copyright in Creative Works

• Economic Incentives for Creation: Copyright law allows authors to earn direct financial returns, reinforcing incentives to produce socially beneficial works.

  • Encourages enough supply by addressing skewed market signals caused by free-riding behaviors.

• Social Costs of Protection: While copyright protects authors, it also incurs societal costs by restricting access to works that require minimal effort to enjoy.

• Exceptions in Copyright Law: Copyright does not limit societal conversation or the sharing of ideas and provides fair-use exceptions.

Distinction Between Formats: Physical vs. Digital

• Physical Access Costs: Accessing physical books from libraries incurs costs, including travel and waiting for inter-library loans, which differ from the ease of downloading ebooks, highlighting qualitative differences in the effects on economic markets.

• Impact of the Internet on Copyright:

  • Digital copies do not degrade in quality when copied, leading to easy and widespread sharing.

  • Online distribution significantly increases the potential market harm compared to historical copying methods confined to small groups.

Historical Context of Creative Works and Copyright

• Works Before Copyright: Well-known works existed before the advent of copyright protection and were produced under different economic motivations, such as non-financial interests and cultural advancement.

• Transformation by the Printing Press: The value of literary works greatly increased post-printing press, amplifying the need for copyright protection to control and monetize these creations.

Alternative Licensing Models

• Emergence of Alternative Licensing: Some authors embrace licensing models like Creative Commons, which baselessly assert that a lack of seeking direct financial incentives diminishes the validity of copyright arguments.

• Flexibility in Choices: Authors may choose models different from traditional copyright yet still require economic incentives for creation, supporting the rationale for copyright systems.

Examination of Moral vs. Economic Justifications

• Lockean vs. Economic Theories: Despite the appeal of moral justifications, the economic rationale for copyright remains compelling and shapes policy developments.

• Purpose of Copyright: Copyright aims to enhance public access to information via libraries while ensuring authors receive fair compensation from their works.

• Incentives to Create: Copyright also paradoxically seeks to grow the public domain, as protection is time-limited.

Conclusion

• Current Legal Landscape: At present, it is justified to legally prohibit the online distribution of ebooks without copyright holders’ consent while allowing access to physical books through public libraries.

• Implications for Authors: Individuals and institutions must recognize the economic importance of protecting authors to enhance societal access to creative works.