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Hillary Rosen misrepresents Intellectual Property Rights

"What is it about intellectual property that makes you think that just because you bought one, you're entitled to six?"

Hilary Rosen former CEO of the Recording Industry of America D: All Things Digital advertisement in the Wall Street Journal January 20, 2005 -- Page A15.

First things first. Because I bought one, am I entitled to one?

Apparently not. Because if the media on which it comes gets scratched, I have to buy another.

Apparently not. Because if I want to use that property, but the vehicle on which it arrives becomes outdated, I have to buy another copy on different media.

Rosen's question falls flat because the recording association she represented apparently is NOT selling me permanent access to intellectual property.

According to Findlaw on copyrights and patents:

• Copyright law... traces back to the English Statute of 1710, which secured to authors of books the sole right of publishing them for designated periods.
• Its power is limited with regard both to subject matter and to the purpose and duration of the rights granted.
• Only the writings and discoveries of authors and inventors may be protected, and then only to the end of promoting science and the useful arts.

Key phrases: "for designated periods", "its power is limited", and "to the end of promoting science and the useful arts".

Rosen's brazen assumptions are that:

• authors and inventors have no bargain with society,
• corporations and estates have the same rights as the authors and inventors, and
• there is no end to the deal.

Wrong on all counts.

Rosen can come back when she rephrases her huff.

[Update: I dug back into my talk, Digital Highways, to recall these distinctions worth considering when redefining copyright law: Copyright Reference Types:

• Referential -- Hyperlink
• Reportorial -- Excerpted for news; "Fair Use Doctrine"
• Advertorial -- Commercial Use; To Sell
• Anthological -- Full or extensive use
• Artistic -- an excerpted note, line, image incidental to another piece.]

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