It’s a trade. The default state of affairs is no copyright protection.
Society has decided to trade a limited duration monopoly on the copyright of the work, in order to promote more works being created so that we have more works in the public domain.
The entire purpose of copyright is to generate works for the public domain.
So, when the current copyright system fails to do that, we should change that.
You can’t seriously tell me that if we had a law that said: if you don’t make a video game available commercially for 30 years, it enters the public domain, that would have a meaningful impact on the number of video games created.
Is it? Or do we just think on average, producing more copyrighted works adds to the greatness and happiness of our society?
The writing of Harry Potter has brought joy to hundreds of millions of people. The production of a renowned textbook like SICP helps educate an entire generation of professionals and raise the nation's productivity.
(Same thing with patents, that were intended to help more inventions be published, and not be lost as trade secrets, while also helping to build businesses around them..)
In order to encourage more people to make these works, however, our government grants them a temporary, limited monopoly on the work's reproduction and distribution, but this is a means to an end that we agree to for utilitarian reasons, not some kind of actual inherent right on their part or responsibility on mine.
Copyright protects works at the moment they are created, not when they are reproduced or distributed. Most of the works under copyright protection have never been distributed.
Creative works aren't made in a vacuum, all creators take from the public domain. They have an obligation to give back to it.
Copyright and patent terms were designed to facilitate that. The endless extensions of the former were a cynical, self-serving attack on a public good.
The exclusive ability to copy is granted as a conceit.
The restriction only came about because publishers got mad.
Sounds like Author's Rights to me.
US copyright law took a very different path though.
I mean, after life + 70 years you already are entitled to other people's work. And a purpose of patents was to get people to release ideas so culture as a whole can grow from them, rather than just keeping them as trade secrets or whatever.
I absolutely think people should be able to receive some money for it, maybe even for life + 70 years, and people can always not release things, but I think once it's released it's not just yours any more, as it lives in the public conscious.