William Patry, senior copyright council for Google and author of How to Fix Copyright, feels that copyright is a good thing, it just has a bad name because, like other laws that fall out of favor, it’s being asked to do something it shouldn’t. For copyright, it’s being unfairly asked to encourage creativity and encourage people to buy things, something it cannot provide.
“If the issue is getting people to buy something, you have to give them value,” Patry said. “Copyright can’t do that. It’s being asked to do things it shouldn’t do.”
Speaking at a session called “Can We Have a Rational Discussion about Copyright?”, Patry said that rational conversations about copyright are easy when between individuals and small groups such as academic organizations. “Beyond that, though, I think not.” Part of the reason copyright issues remain prevalent, Patry said, is because “most things get done wholesale” and it’s impossible to have a copyright conversation at that level.
Returning to the problems with copyright’s application, Patry said, “Law is never a solution to business problems. Business solutions are for business problems.” Continuing on the point, he said, “I’ve never bought something based on its copyright status. You buy because it has value. I don’t think any work has ever been successful because it’s under copyright.”
When asked about digital lending rights, Patry was adamant about courts not creating the law, and was uncertain we’d ever come to a solution, saying that the ability to prove you have a digital copy and that it’s the only copy in the world depends on technology that doesn’t exist, and that many people doubt will ever exist.
