Klarinet Archive - Posting 000027.txt from 2010/07

From: Joseph Wakeling <joseph.wakeling@-----.net>
Subj: Re: [kl] Sheet music copyright
Date: Sat, 03 Jul 2010 04:57:10 -0400

On 07/03/2010 03:01 AM, Bill Hausmann wrote:
>> What I loved about it was how it struck a beautiful balance between on
>> the one hand recognizing that the natural state of creations of the mind
>> is private -- they come from one head -- but that they are "rightfully
>> yours" only while they remain inside your head: the moment they are
>> shared with others, they become public.
>
> I think this is where you go astray. When a person holding a patent
> manufactures an item based upon it, the fact that it is on the market
> does not in any way affect the patent rights. Copyright works the same way.

Of course, but that's the declaration of the law, a social and political
construction, not the natural state of creative works.

By the law -- not by nature -- your creations are "rightfully yours" and
you have the right to determine (within some boundaries) who gets to use
them and under what conditions.

However, when it comes to thinking about _what the law should be_, we
can't simply go by what the current law says. We have to factor the
natural dynamics of information exchange into the process. The quote I
can't remember is illustrative of the latter, not the former.

I have a train to catch so can't write a longer reply to address your
other points -- but will try and respond more fully (like I haven't been
writing massive epistles already!) some time soon.

Best wishes,

-- Joe
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