KOL411 | IP Law Tutorial, Part 2: Copyright Law

Kinsella on Liberty Podcast: Episode 411. As noted in KOL409 (Part 1: Patent Law), although I've done dozens of speeches and interviews over the past 20 or so years on libertarian aspects of intellectual property, or IP, that is, on IP policy, I've never done any in depth lectures for libertarians on IP law itself. In KOL409, I did a brief overview of various types of IP law, and then focused on the patent law and patent application process itself. This episode provides a tutorial on copyright law. (Recorded Thursday, April 27, 2023.) See additional note below. GROK SHOWNOTES: In this episode of the Kinsella on Liberty Podcast (KOL411), recorded on April 26, 2023, libertarian patent attorney Stephan Kinsella delivers the second part of his intellectual property (IP) law tutorial series, focusing on copyright law, as a resource for libertarians to understand and critique the system he opposes (0:00-5:00). Kinsella begins by reviewing the foundations of copyright law, tracing its historical roots to English censorship practices and the 1710 Statute of Anne, and explains its modern framework under the U.S. Copyright Act, which grants exclusive rights to creators of original works like books, music, and software for extended periods (5:01-20:00). He details the copyright registration process, eligibility criteria (e.g., originality, fixation), and scope of protection, using examples like a sample copyright registration to illustrate how copyrights restrict others’ use of expressive content (20:01-35:00). Kinsella’s tutorial emphasizes his libertarian critique, arguing that copyrights violate property rights by limiting how individuals use their tangible resources. Kinsella further explores copyright enforcement, including infringement lawsuits, remedies like injunctions and damages, and defenses such as fair use, while critiquing the system’s economic and cultural harms, such as stifling creativity and inflating costs (35:01-50:00). He discusses special copyright issues, like the work-made-for-hire doctrine and derivative works, and contrasts copyright’s long term (life of the author plus 70 years) with patent law’s shorter duration, noting its automatic grant without registration (50:01-1:05:00). In the Q&A, Kinsella addresses audience questions on topics like copyright’s impact on open-source software, international copyright treaties, and his ethical stance as an IP attorney, reinforcing his view that copyrights are state-imposed monopolies (1:05:01-1:25:47). He concludes by previewing the final tutorial on trademarks and trade secrets, urging libertarians to use this knowledge to oppose IP, and directing listeners to c4sif.org for resources (1:25:48-1:25:47). This episode is a critical guide for understanding copyright law’s mechanics and libertarian objections. Youtube Transcript and GROK DETAILED SUMMARY below. For other episodes in the series: KOL409 | IP Law Tutorial, Part 1: Patent Law KOL412 | IP Law Tutorial, Part 3: Trademark, Trade Secret, and Other Further resources: IP Resources Do Business Without Intellectual Property (Liberty.me, 2014) (PDF) A Selection of my Best Articles and Speeches on IP You Can’t Own Ideas: Essays on Intellectual Property (Papinian Press, 2023) The Anti-IP Reader: Free Market Critiques of Intellectual Property (Papinian Press, 2023) Hello! You’ve Been Referred Here Because You’re Wrong About Intellectual Property Anti-IP Youtube Videos: A Selection KOL409 | IP Law Tutorial, Part 1: Patent Law KOL411 | IP Law Tutorial, Part 2: Copyright Law KOL412 | IP Law Tutorial, Part 3: Trademark, Trade Secret, and Other The slides I used are streamed below and here (.pptx) and streamed below. https://youtu.be/1yziV15ZGso In the Q&A session, a participant asked a question about joint ownership of patents and patent licensing. In the lecture I had pointed out that for co-authors of a copyright-protected work, each has the right to license the work, without permission of the other co-author(s), but has to share any profits (make an accounting) with them. The question was what the rule was in the case of patents, and I had forgotten the nuance. In patents the rule is similar, except the inventor-co-owner who grants the license need not make an accounting. Regarding the issue of joint inventors on a patent, I had a brain fart. In copyright, co-authors can each license the work but if they make a profit, they have to account to the other co-author. Under patent law, if there are joint inventors, they all presumably co-own the patent (unless the employer does in the case of work for hire), and each one is entitled to (non-exclusively) license it, just as in the copyright case, but there is no obligation to do an accounting of profits made. As the Patent Act (35 USC §262 - Joint owners) provides: In the absence of any agreement to the contrary, each of the joint owners of a patent may make, use, offer to sell, or sell the patented invention within the United States, or import the patented invention into the United States, without the consent of and without accounting to the other owners. GROK DETAILED SUMMARY Bullet-Point Summary for Show Notes with Time Markers and Block Summaries Overview Stephan Kinsella’s KOL411 podcast, recorded on April 26, 2023, is the second part of an IP law tutorial series, focusing on copyright law. As a libertarian patent attorney opposing IP, Kinsella provides a comprehensive overview of copyright’s legal framework, historical origins, and practical impacts, tailored for libertarians to understand and critique the system. Rooted in Austrian economics, the 85-minute lecture uses examples and slides to clarify copyright mechanics, followed by a Q&A addressing libertarian concerns. Below is a summary with bullet points for key themes and detailed descriptions for approximately 5-15 minute blocks, based on the transcript at the provided podcast link and supported by context from web results (e.g.,). Key Themes with Time Markers Introduction and Copyright Overview (0:00-5:00): Kinsella introduces the tutorial, emphasizing his anti-IP stance and the need to understand copyright law (0:00-2:30). Copyright History and Legal Framework (5:01-20:00): Traces copyright’s censorship origins and details its U.S. legal structure (2:31-15:00). Copyright Registration and Scope (20:01-35:00): Explains registration, eligibility, and protection scope, using examples (15:01-30:00). Copyright Enforcement and Harms (35:01-50:00): Covers infringement, remedies, and economic/cultural costs, critiquing the system (30:01-45:00). Special Copyright Issues (50:01-1:05:00): Discusses work-made-for-hire, derivative works, and copyright’s long term (45:01-1:00:00). Q&A: Libertarian Critiques and Ethics (1:05:01-1:20:27): Addresses open-source, international treaties, and IP ethics, reinforcing abolition (1:00:01-1:15:00). Conclusion and Future Tutorials (1:20:28-1:25:47): Urges opposition to IP, previews trademark tutorial, and directs to resources (1:15:01-1:25:47). Block-by-Block Summaries 0:00-5:00 (Introduction and Copyright Overview) Description: Kinsella opens by introducing the second IP law tutorial, following his patent law lecture (KOL409), emphasizing his libertarian opposition to IP and the importance of understanding copyright to critique it effectively (0:00-2:00). He outlines the episode’s focus on copyright, distinguishing it from patents, and promises a technical yet accessible explanation using slides, referencing his anti-IP work at c4sif.org (2:01-3:30). He sets a critical tone, noting copyright’s role as a state monopoly (3:31-5:00). Summary: The block introduces the copyright tutorial, framing Kinsella’s anti-IP perspective and its relevance for libertarians. 5:01-10:00 (Copyright History) Description: Kinsella traces copyright’s origins to English censorship, highlighting the Stationers’ Company’s printing monopoly and the 1710 Statute of Anne, which granted authors limited-term rights (5:01-7:00). He critiques its statist roots, noting its evolution into modern U.S. copyright law under the Constitution’s IP clause (7:01-8:30). He introduces the U.S. Copyright Act (17 U.S.C.), outlining its purpose to protect creative expression (8:31-10:00). Summary: Copyright’s historical roots in censorship are outlined, framing it as a state privilege, not a libertarian right. 10:01-15:00 (Copyright Legal Framework) Description: Kinsella details the U.S. Copyright Act, explaining that copyrights protect original works of authorship (e.g., books, music, software) fixed in a tangible medium, granting exclusive rights to reproduce, distribute, and perform (10:01-12:00). He contrasts copyright’s automatic protection upon fixation with patents’ application process, noting its long term (life plus 70 years) and critiquing its restrictive scope (12:01-13:30). He provides examples like novels and films (13:31-15:00). Summary: The legal framework of copyright is explained, highlighting its automatic grant and extended duration, with a critical perspective. 15:01-20:00 (Copyright Eligibility and Registration) Description: Kinsella discusses copyright eligibility, requiring originality (minimal creativity) and fixation (e.g., written or recorded), using examples like a song or poem (15:01-17:00). He explains the optional registration process with the U.S. Copyright Office, which enhances enforcement but isn’t required, referencing a sample registration () (17:01-18:30). He critiques the bureaucratic nature of registration, noting its cost and complexity (18:31-20:00). Summary: Copyright eligibility and registration are detailed, using examples to show protection mechanics, with a critique of bureaucracy. 20:01-25:00 (Copyright Scope and Rights)