Blog on the Run: Reloaded

Thursday, December 13, 2012 7:11 pm

Ahh. Order is restored in the intellectual-property court. Plus, we got to fire a bright 24-year-old and keep your drugs expensive. Cool!


Back around Thanksgiving, I wrote about Derek Khanna, a 24-year-old staffer for the House Republican Study Committee who had the unmitigated gall to point that American intellectual property law is not the cognitive nirvana that a lot of Republicans like to think it is. (I, myself, have long referred to American IP law as “where creativity goes to die™.”)

Before the weekend was out, the report had been retracted, ostensibly because it had not been subjected to “adequate review.” (Insert your own euphemism here.) And not long afterward, Khanna was fired.

The Washington Examiner elaborates:

The reason [for the retraction], according to two Republicans within the RSC: angry objections from Rep. Marsha Blackburn, whose district abuts Nashville, Tenn. [Nashville is home to the country-music industry, for those of y'all not from around here -- Lex.] In winning a fifth term earlier in the month, Blackburn received more money from the music industry than any other Republican congressional candidate, according to the Center for Responsive Politics.

The American Conservative helpfully notes:

Needless to say, members weighing in on staffing decisions is very unusual. Also, Blackburn isn’t just on the industry’s take. Her chief of staff is a former RIAA [Recording Industry Association of America] lobbyist.

The Examiner’s Timothy P. Carney summarizes the sad hypocrisy of the GOP in all matters IP:

Republicans are surprisingly close to the entertainment industry. For instance, Mitch Glazier, as a Republican House Judiciary Committee staffer in the late 1990s, played a key role in drafting GOP bills expanding copyright before cashing out to the industry. He now runs the [RIAA], a $4 million-a-year lobby operation that fights for more government protection of record labels.

So Republican politicians, with their sensitivities to K Street and their general pro-big-business tendencies, are not eager to roll back the extraordinary government protection for Hollywood and Nashville. But free-market think tanks and writers are banging the drum.

Jerry Brito, a scholar at the Mercatus Center, has just published “Copyright Unbalanced: From Incentive to Excess,” an entire book of essays critiquing current copyright law from a free-market perspective, and the Cato Institute is hosting a panel on the book Thursday.

Brito’s incisive book tells tale after tale of government kowtowing to copyright holders. An egregious example is Mickey Mouse. “Each time the copyright … was about to expire, and the happy rodent was about to become a shared cultural icon like Santa Claus, Hamlet, and Uncle Sam, Congress has extended the copyright term,” Brito explains.

This is not at all what the founders had in mind when they authorized Congress “To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. … “

Retroactively extending the copyright on a work produced long ago cannot promote useful arts and sciences. It just enriches the copyright holder and denies access to everyone else — which is exactly the point, if you’re an industry lobbyist.

Once again, big business is aligned with big government and against open competition. So far, the party of free markets is on the wrong side.

But let’s say you’ve never written a book or composed a country song or created a bankable cartoon character like Mickey Mouse. Why should you care?

Simple. Do you use any kind of non-generic prescription drug or medication? If so, the odds are good that because of this same legal structure, you’re paying more for it than you need to be and than a free market would require. That fact, in turn, contributes enormously to the fact that the U.S. pays far more per capita for health care than do other advanced countries. And that fact — not Social Security, not Medicare, not Medicaid, not welfare — is one of the biggest reasons why we have the deficits that we have.

(h/t: Fred)

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