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E. S. Pfahl
The key word in the phrase Intellectual Property is property.
Intellectual property rights, and property rights of the individual in general are nowhere near strong enough as it is. I've long thought
it was utterly stupid that intellectual property rights can expire. In fact I go as far as to say that intellectual property in terms of
long term ownership should be treated like physical property in terms of who owns it.
I know to some that might sound like a wild idea to throw out there, but think about it. If I buy a house then when I die I either can leave
it someone in my will, or if I don't have a will my next of kin can expect to inherent and of course they'll do as they see fit with the place.
If 200 years later the house is still standing and it's being passed from down parent to child within a family then even 200 years later it's
still an asset within the family. I know today, in the part of the world I live in that's the exception not the rule but it's far from
unprecedented here on planet earth.
On the other hand if I have a large number of pictures online like I do here at espdigiart.com they've got a
finite amount of time before my rights, and by extension the rights of whoever, or whatever entity is in possession of them when I expire (assuming
anyone is at that point) has only a finite period of time until they expire. I've never seen any reason they should expire, at least not without
theorizing about less than savory entities seeking to part people from their rightful assets. My rights to my physical property don't expire,
and if I leave it to my loved ones when I die they're rights to it never expire either. Nor should any such rights expire. Sold, licensed,
even given away, that's the business of whoever owns any property but saying it's been x00 number of years and this property is now no longer
something anyone can own is insane.
I find this ironic when if truly given any thought a person would quickly realize that the commercial value of any piece of intellectual property is every
penny a person makes by selling, licensing, or using it starting from the day it is created and going forward until the end of time that anyone (particularly
anyone who's making a profit by using violating other peoples intellectual property rights that shall be denied the dignity of being named here) are arguing
that publication diminishes the value of ones work when in fact by that definition if anything publication alone increases the commercial value needs to
reevaluate their logic. Excuse me but if it's so worthless as they argue then they would consider it worth stealing, much less actually follow through
with the theft and risk catching all kinds of **** in the process.
I'm sick and tired of people trying to suggest that intellectual property should be considered to be on anything less than equal footing with physical
property. I also think personally and professionally it's nothing short of insane that intellectual property rights are allowed to expire rather than being
treated like physical property when it comes to the rules about who owns what at time of death, and how long the ability to own something lasts. Not to mention
that if you physically build something using your own time, energy, and materials then it isn't questioned (at least not where I come from last I checked, and
neither should it be here or anywhere else now or ever) that you automatically what you have created it without having to ask a third party for permission or
registration of it. I created it's mine, it belongs to me or whoever I choose to give or sell it to, end of story. You created it's your, it belongs to you or whoever
you choose to give or sell it to, end of story. Yet at the same time many people want to say if you created something original then the your time, energy, and
resources into the creation of something unique or different than you don't automatically own what you created. Believe me when I say both personally and professionally
if I used the communication form we known as words or language to express my outrage at the way people both treat and try to treat intellectual property rights then
I couldn't keep it clean because even with a massive vocabulary there just are no words strong enough to capture what I'd be trying to say, and I'd probably break
my keyboard from hitting the buttons that hard because quite frankly what I've created is my property and anyone who steals it is stealing from me every bit as much
as they would be stealing if they walked into my home and took my physical possessions, and my view on this long predates my even considering becoming a professional
artist. I also think personally and professionally it's nothing short of insane that intellectual property rights are allowed to expire rather than being treated
like physical property when it comes to the rules about who owns what at time of death, and how long the ability to own something lasts. Like I said at the start the
key word in the phrase Intellectual Property is property, and I for one would rather see my property be something that not only I, in my life, but those I love or
have choosen for other reasons when I'm dead and gone, and the descendants of those I love or have choosen when they are dead and gone be able to profit from.
There's a lot of people in this world who would likely be richer for that, and for instances in which today people use work that is considered to old to be
protected under intellectual property rights, there are people who would have created something new, and different where they choose not to. I wonder
how many creative works are not created today all because the rights to something old are not protected, that would be if they were protected and
people had to rise to the challenge. Yes creating something original can sometimes be as challenging as it is fun, but it's well worth it, for
the world would be wealthier for it.