Category: History

Innovators often have a hard time convincing people to change the way things “have always been done”. History offers startling examples of how tightly people hold onto entrenched views. In the 1950’s, for example, early models of the kidney dialysis machine were considered “abominations” by some doctors at Mt. Sinai Hospital. And in the nineteenth century, Ignaz Semmelweiss was derided by medical colleagues for suggesting doctors should wash their hands before assisting at childbirth. So prepare yourself to resist the notions of Anatoly Volynets when you read his book, Culture vs. Copyright. In the book, Mr. Volynets suggests that artists, and the public, would benefit if copyright laws were eliminated.

Many readers may feel this discussion has little to do with them. They’re probably wrong. Just about anyone who engages in commerce or communication is affected by copyright laws. Posting a picture on Facebook may easily violate those laws, if the picture is lifted from a copyright-protected source on the Internet. Quoting extensively from a book or article also may be a violation. Of course, professional artists–authors, musicians, photographers, for example–are acutely aware of the protection and limitation that copyright law places on their actions. Most of these professionals cannot imagine operating in a system where copyright does not exist. They imagine that absent copyright protection, they will lose income from the product of their unique talents. Mr. Volynets labors to convince them–and us–that the reverse is true.

In service of his argument, Mr. Volynets traces the history of modern copyright laws. He points to a time in France (Jacobin era) and England (before 1710) when these laws did not exist and explains that their application was designed to benefit businesses and governments, not individuals. It is Mr. Volynets contention that this is still the case. He explains in detail how eliminating copyright laws would give artists greater freedom (in his opinion) to market their wares in a competitive environment. He also explains his belief that without copyright laws, competition between business would increase and this would potentially increase profits.

Mr. Volynets puts forth an interesting argument. Whether or not the reader is persuaded is almost beside the point. The aspect of this book that is most important is that it requires readers to examine an accepted custom. It asks readers to throw out established notions about the necessity of copyright laws.

Copyright laws are not written in stone. They are constantly amended. If the public does not understand who is served by the law and by the amendments, then the public cannot meaningfully participate in the discussion about these very important regulations. And if the public doesn’t participate, then the regulations will be written by powerful, vested interests. That, in my opinion, is never a good thing.
Although this book serves a worthy goal and may elicit a response from readers, it is not perfect. A device Mr. Volynets employs, for much of the book, is an imagined dialogue between first graders and a teacher. My patience was tested by these exercises. At one point I simply stopped reading the dialogues and only considered sections that had straight exposition. It is possible I lost some of the book’s significance by taking this route, but I was willing to give that up.

One of my standards for recommending a book of nonfiction is whether or not I came away with insight or information I did not have prior to reading. That is the case here. In addition to discussing the development of intellectual rights legislation in France and England, the book also addresses the origin of this class of regulation in the United States. Volynets explains that the framers of the United States Constitution looked to Europe for a model when they provided (in Article I, Section 8) for protection of intellectual property rights.

Mr. Volynets’ writing style is clear and not overly pedantic, considering the subject under consideration. I do recommend Anatoly Volynets’ Culture vs. Copyright.