A Brief Allusion About Copyrights
CUI-11. Patents And Copyrights
Originally in The Objectivist Newsletter, May 1964
Patents and copyrights are the legal implementation of the base of all property rights: a man’s right to the product of his mind.
Both of these articles belong to Ayn Rand. In fact, they are the same article; verbatim. The first time it was printed was in May 1964, when it was sent to her subscribers of The Objectivist Newsletter. The second time, it was under a contract negotiated with a publisher as part of her book: Capitalism, The Unknown Ideal.
It was in this article she identified the notion of intellectual property as the subject of patents and copyrights. Ok, so she renamed the article from “Intellectual Ammunition Department” to “Patents And Copyrights”. As the owner, she was entitled to do so.
Starting with the identification of the fact that every type of productive work is a combination of mental and physical effort, thought and physical action translating thought into material form, where the ratio of these two aspects vary according to what is being done. Observing someone gather dead grasses, twigs and an assortment of larger branches and piling them up to build a fire is a technique that most children can perform with little parental intervention required. Copying an inspiring novel letter-by-letter, punctuation_mark-by-punctuation_mark, is a task most literate individuals can do.
For nearly two centuries, (starting with Plato around 400 B.C. till 1400 A.D.) this was the way literature was replicated. Until Johannes Gutenberg invented the movable type printing press, the physical labor of copying was a significant part of the object’s value – over and above the value created by the originator of the idea.
The development of the mimeograph machine, by Thomas Edison, and the later Xerox machine, by IBM, reduced the time and effort required to duplicate the printed page to a fraction to that of copying by hand. With the advent of computers and the connectivity provided by the Internet, anyone that can use a computer and has access to the web can copy just about anything. No longer is the physical labor of copying a significant source of the object’s value, especially in the realm of literature.
So wherein does the value lie? In the fourth paragraph, Miss Rand posits the crux of her discovery and puts it forth her formulation. While a scientific or philosophic discovery which identifies a law of nature, a principle or a fact of realty not previously known is not the exclusive property of the discoverer because he did not create it.
“Intellectual property” is a discovery Miss Rand made during her keen exploration of existence. As such, a philosophical (or scientific) discovery which identifies a law of nature, a principle or a fact of reality not previously know, cannot be the exclusive property of the discover because she did not create it. She can copyright the book in which she presents her discovery, and she can demand that her authorship of the discovery be acknowledged, that no other man appropriate or plagiarize the credit for it-but she cannot copyright theoretical knowledge.
By committing her understanding of “Intellectual Property” onto paper, she can make this theoretical knowledge available to her readers. And she does so, by utilizing the trader principle. When two people agree to the terms of an exchange, it is to the mutual benefit of both parties to do so.
The United States has had copyright laws on the books nearly from its inception. While in her copyrighted work she cites the Great Britain’s Copyright Act of 1911 as the most rational, the article was made available under the protection of U.S. copyright law. When an individual purchases an item that has been copyrighted, they are agreeing to the terms of the exchange.
The Intellectual Property is the text of the work as put forth by the author. The theoretical knowledge contained therein is made available via the copyrighted work. It is the readers’ responsibility to discover the idea which the work embodies, should they so desire. Even so, nature does not guarantee the success of any human endeavor.