I’ve been gradually coming to understand the impact of the Eldred decision, and it’s been fascinating to read Lessig’s blog during the past week or so. He points to a great piece by Doc Searls arguing that many people completely miss the point because they think of copyright as a property right. And in calling for a return to the original 14-year copyright term, The Economist makes the related point that the originators of the idea of copyright didn’t see it as a property right at all.
In this country, at least, calling copyright a property right creates some strange contradictions. In the U.S., property rights are nearly sacred, and can’t be violated by the government except in very limited circumstances, and then only on a case-by-case basis for specific items. The idea of limited terms for intellectual property rights simply doesn’t fit well into the overall view of property rights.
I’m tilting at windmills, I suppose, but I’m going to stop using the term “intellectual property.” (I’m curious, by the way, about the origin of that term and how it came into common use.) For the moment, until I hear a better alternative, I think I’ll call it “creative output” instead.