Quaedvlieg, Antoon --- "Qualitative effects of copyright policies" [2007] ELECD 310; in Torremans, Paul (ed), "Copyright Law" (Edward Elgar Publishing, 2007)

Book Title: Copyright Law

Editor(s): Torremans, Paul

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781845424879

Section: Chapter 18

Section Title: Qualitative effects of copyright policies

Author(s): Quaedvlieg, Antoon

Number of pages: 11

Extract:

18 Qualitative effects of copyright policies
Antoon Quaedvlieg1



Introduction
The instrumental approach of copyright is increasingly popular. Copyright should
promote the `progress of science and the arts'. Growing attention to the social
gain to be achieved by exclusive rights is justified and refreshing, even if it would
be an erroneous reduction of the role of copyright if the instrumental side were to
be over-emphasised to the detriment of the goal of justice it also serves.
Copyright is understood to promote science and the arts by stimulating the
production of works and by creating conditions for optimal public access to those
works. But does it also have a role to play in improving the quality and diversity
of cultural and informational production (hereafter: informational production)?
Although from a purely instrumental perspective, a vocation to improve the
quality of informational production would be the most heroic mission one
could think of for copyright ­ and a proven failure to do so its deepest shame
­ the question is seldom asked. This is hardly surprising, as there are obvious
grounds for opposing a quality-enhancing function of copyright:

1. Despite its instrumental rationale, copyright remains a private law insti-
tution. It creates property, not policy. It serves as a neutral basis for
exploiting a work. The incentive to make excellent works should come
from individual inspiration and public appreciation, not from the law.
2. If there is a policy aspect to copyright, it is primarily market regulation.
Copyright's goal is to create a ...