The Heritage Foundation
 
  • Heritage Action
  • Heritage Libertad
  • More
    • For Members
      • My Heritage
      • AskHeritage
    • Issues
      • 33 Minutes
      • Culture for Freedom
      • Family Facts
      • Fix Health Care Policy
      • Order in the Court
      • Overcriminalized
      • Seek Social Justice
      • Voices of School Choice
    • Resources
      • Federal Budget in Pictures
      • Guide to The Constitution
      • Index of Economic Freedom
      • Issues 2012
      • Policy Experts
      • Thatcher Center
  • About
  • Issues
  • Research
  • Events
  • Blog
  • Contact Us
    • Heritage Members
    • Conservative Community
    • Press & Media
    • Government Staff
    • Young Leaders
    • Employment at Heritage
  • Get Connected
    • Newsletters
    • Take Action
    • The Foundry Blog
    • RSS
    • Events
  • Donate
  • All Research
  • Reports
  • Commentaries
  • Factsheets
  • Multimedia
  • Testimonies
  • Lectures
article icon
This is a Commentary On Legal Issues

Commentary-

Copyright is Copyright is Copyright

By Edwin Meese III
January 3, 2005
  • Print

Share

  • Facebook
  • Twitter
  • Email
  • More

If John Adams and James Madison were alive today, they surely would marvel at how swiftly information can be exchanged via the Internet. But they also would be alarmed, I believe, to see ordinary citizens using this extraordinary technology in growing numbers to shoplift copyrighted intellectual property. The Founders possessed, after all, a keen understanding of the threat this type of theft poses to a free society.

Property rights are not a novel concept. After some deliberation, our constitutional Framers signaled how important it was to protect intellectual property by instilling the concept in our nation's charter in Article 1, Section 8, with a provision authorizing Congress to "promote the progress of science and the useful arts."

So deeply did the Framers, in their founding document, embrace the concept of "progress" advanced through devotion to intellectual labor, that they mention it 24 separate times in the Federalist Papers.

As John Adams warned, "The moment an idea is admitted into society that property is not as sacred as the laws of God, and that there is not a force of law and public justice to protect it, anarchy and tyranny commence." I fear that moment has come.

IT'S THEFT

If thousands of books were stolen from libraries in a single day, school and library officials would immediately put heavy-duty security systems into place. Department store owners, by the same token, would hardly sit still if thieves were making off with armfuls of expensive clothing and jewelry.

Yet many otherwise law-abiding citizens appear to think there's nothing wrong with doing essentially the same thing when it comes to intellectual property. As if stealing isn't stealing if you can do it with a computer in the comfort of your home or office.

The truth is, there is no difference between shoplifting a DVD from a store and illegally downloading a copyrighted movie from KaZaa. Stealing intellectual property is just as wrong as the theft of "real" property.

And the vast majority of people use so-called "peer-to-peer" file-sharing networks such as KaZaa, Morpheus and Grokster to download music and movies illegally. An overwhelming percentage of the 500 million files being "shared" at any given time are copyright protected and thus owned by someone else.

Despite all the warning advertisements and the movie trailers, as well as new legal methods to download music and movies (such as you find at I-tunes or CinemaNow), wholesale thievery is still taking place. A whopping 4 million users still partake in this dirty little game every day. So what is the victimized industry to do? 

CRACKING DOWN 

The movie industry recently took a bold new step to change the "so what" attitudes of so many. By initiating lawsuits against individuals stealing movies online, as well as revving up their public persuasion campaign, movie studios are taking a stand and making the message crystal clear: Stealing is stealing, and it must stop.

The cultural and economic value of creative films is undeniable. Today, the copyright industries are one of America's largest and fastest growing economic assets. They account for more than 5 percent of our gross domestic product, pouring $535 billion into the U.S. economy. The film industry alone provides 580,000 well-paying jobs.

But this awesome engine of economic growth is threatened by the explosive growth of high-tech petty theft. Smith Barney estimates that if something is not done, movie industry losses will exceed a whopping $5.4 billion by 2005.

If James Madison was right -- that "government is instituted to protect property of every sort," if this objective is "the end of government," and "that alone is a just government which impartially secures to every man whatever is his own" -- then these movie studios are just doing what any potential theft victim would do.

They are protecting property that is rightfully theirs.

Edwin Meese III, a former U.S. attorney general, is a fellow in public policy at The Heritage Foundation and chairman of its Center for Legal and Judicial Studies.

Send this report to a friend

Distributed nationally on the Knight-Ridder Tribune Wire

  • Print

Share

  • Facebook
  • Twitter
  • Email
  • More

Send this report to a friend

About the Author

Edwin Meese III Ronald Reagan Distinguished Fellow in Public Policy and Chairman of the Center for Legal and Judicial Studies

Read More >>
Request an interview >>

Request an Interview with A Heritage Expert

Please complete the following form to request an interview with a Heritage expert.
Please note that all fields must be completed.

Your Information



Type of Interview Subject of Interview Your Message

Other Experts on this Issue

  • Andrew Grossman
  • Todd Gaziano
  • Hans von Spakovsky
  • Robert Alt
  • Charles Stimson

If John Adams and James Madison were alive today, they surely would marvel at how swiftly information can be exchanged via the Internet. But they also would be alarmed, I believe, to see ordinary citizens using this extraordinary technology in growing numbers to shoplift copyrighted intellectual property.

Other Reports By This Author
  • Report Who Is Responsible for America's Security?
  • WebMemo Balanced Budget Amendment: Instrument to Force Spending Cuts, Not Tax Hikes
  • View All
Our Work
  • Most Popular
  • Most Recent
  • Upcoming Events
  • Blog Posts
  • Backgrounder posted May 24, 2012 by Walter Lohman, Robert Warshaw U.S. Policy on Asia: A New Diplomatic Framework Needed
  • Special Report posted June 1, 2010 by Brian Riedl Federal Spending Trends and Federal Budget Trends
  • Backgrounder posted September 13, 2011 by Robert Rector, Rachel Sheffield Understanding Poverty in the United States: Poverty USA
  • Backgrounder posted March 1, 2006 by Tim Kane, Ph.D., Kirk Johnson, Ph.D. The Real Problem with Immigration... and the Real Solution
  • Issue Brief posted May 22, 2012 by Baker Spring Centralizing Management of the Military Health System
  • Backgrounder posted June 1, 2004 by Arthur Laffer The Laffer Curve: Past, Present, and Future
  • Backgrounder posted March 15, 2005 by Daniel Mitchell, Ph.D. The Impact of Government Spending on Economic Growth
  • WebMemo posted April 2, 2004 by Carrie Donovan The Law of the Sea Treaty
  • Issue Brief posted May 23, 2012 by James Sherk Extend Whistle-Blower Protections to Union Employees
  • Backgrounder posted January 5, 2004 by Robert Rector, Kirk Johnson, Ph.D. Understanding Poverty in America
  • Blog Post on Wednesday, May 30, 2012 Wedded to the Truth
  • Blog Post on Wednesday, May 30, 2012 Morning Bell: The White House Defends Public Equity
  • Blog Post on Wednesday, May 30, 2012 Businessman Faces Backlash After Appearing on Obama's Enemies List
  • Blog Post on Wednesday, May 30, 2012 Obama Insults Poland with Crass and Ignorant 'Polish Death Camp' Remark
  • Blog Post on Tuesday, May 29, 2012 Obama Awards Medal of Freedom to Democratic Socialists of America Chair
  • News Releases on Tuesday, May 29, 2012 Burke Named Skillman Fellow in Education
  • Blog Post on Tuesday, May 29, 2012 DOJ Hack Emphasizes the Need for Smart Cybersecurity Action
  • Blog Post on Tuesday, May 29, 2012 The Next StuxNet?
  • Blog Post on Tuesday, May 29, 2012 Lawmakers Probe Fast-Track Approval for Connected Green Companies
  • Blog Post on Tuesday, May 29, 2012 A Homeland Security View of Readiness
View All
  • May 31
    Event on Thursday, May 31, 2012 The Common Defense: What It Means to Conservatives

    The Preamble of the Constitution gives paramount importance to the federal government to “provide for the common defense.” Yet, there is a growing misconception that — Read more

    Attend in Person Watch Online

  • May 31
    Event on Thursday, May 31, 2012 Castro's Secrets: The CIA and Cuba's Intelligence Machine

    Co-sponsored by — Read more

    Attend in Person Watch Online

  • May 31
    Event on Thursday, May 31, 2012 Understanding the Smith-Mundt Modernization Act

    Controversy has swirled around the Smith-Mundt Modernization Act since it passed mark-up as an amendment to the House version of the National Defense Authorization Act — Read more

    Attend in Person Watch Online

  • Jun 07
    Event on Thursday, June 07, 2012 Corporate Social Responsibility: Risk to American Business

    Featuring Andrew W. Markley, J.D. Chair and Professor, Department — Read more

    Attend in Person Watch Online

  • Jun 07
    Event on Thursday, June 07, 2012 Age of Delirium

    Join us for this special screening and a conversation with David Satter, author of Age of Delirium, the book — Read more

    Attend in Person Watch Online

  • Jun 12
    Event on Tuesday, June 12, 2012 ''Mr. Gorbachev, tear down this wall!''

    On June 12, 1987, President Ronald Reagan delivered remarks at the Brandenburg Gate in West Berlin – a city — Read more

    Attend in Person Watch Online

  • Jun 13
    Event on Wednesday, June 13, 2012 The 10th Anniversary of the Anti-Ballistic Missile Treaty Withdrawal

    The Anti-Ballistic Missile Treaty of 1972 prohibited the United States and the Soviet Union from testing or deploying national missile defense systems. Three months after — Read more

    Attend in Person Watch Online

  • Jun 15
    Event on Friday, June 15, 2012 Political Woman: The Big Little Life of Jeane Kirkpatrick

    Jeane Kirkpatrick became an iconic figure in the 1980s as Ronald Reagan’s United Nations Ambassador and the most forceful — Read more

    Attend in Person Watch Online

  • Jun 19
    Event on Tuesday, June 19, 2012 Lost Causes: The Retreat from Classical Liberalism

    For most of his professional career as a pre-eminent development economist teaching at Oxford and University College, Deepak Lal — Read more

    Attend in Person Watch Online

  • Jun 19
    Event on Tuesday, June 19, 2012 Dropping the Torch: Jimmy Carter, the Olympic Boycott, and the Cold War

    In Dropping the Torch: Jimmy Carter, the Olympic Boycott, and the Cold War, Nicholas Sarantakes offers a diplomatic history — Read more

    Attend in Person Watch Online

View All
  • Blog Post on 5/30/2012 6:30:02 AM Wedded to the Truth
  • Blog Post on 5/30/2012 5:03:18 AM Morning Bell: The White House Defends Public Equity
  • Blog Post on 5/30/2012 4:52:29 AM Businessman Faces Backlash After Appearing on Obama's Enemies List
  • Blog Post on 5/30/2012 3:38:18 AM Obama Insults Poland with Crass and Ignorant 'Polish Death Camp' Remark
  • Blog Post on 5/29/2012 1:16:19 PM Obama Awards Medal of Freedom to Democratic Socialists of America Chair
  • Blog Post on 5/29/2012 12:00:53 PM DOJ Hack Emphasizes the Need for Smart Cybersecurity Action
  • Blog Post on 5/29/2012 11:30:12 AM The Next StuxNet?
  • Blog Post on 5/29/2012 11:02:04 AM Lawmakers Probe Fast-Track Approval for Connected Green Companies
  • Blog Post on 5/29/2012 11:00:39 AM A Homeland Security View of Readiness
  • Blog Post on 5/29/2012 10:13:11 AM Somebody Watched Too Many Episodes of 'The West Wing'
View All
ABOUT The HERITAGE FOUNDATION

The Heritage Foundation is the nation’s most broadly supported public policy research institute, with nearly 700,000 individual, foundation and corporate donors. Heritage, founded in February 1973, a staff of 275 and an annual expense budget of $82.4 million.

Our mission is to formulate and promote conservative public policies based on the principles of free enterprise, limited government, individual freedom, traditional American values, and a strong national defense. Read More

Our Initiatives
  • First Principles
  • American Leadership
  • Education
  • Energy & Environment
  • Enterprise & Free Markets
  • Entitlements
  • Family & Religion
  • Health Care
  • Protect America
  • Rule of Law
especially for
  • Heritage Members
  • Employment at Heritage
  • Conservative Community
  • Press & Media
  • Government Staff
  • Young Leaders
follow The heritage foundation
  • Newsletters
  • Take Action
  • The Foundry Blog
  • RSS
  • Events
 
receive updates & newsletters

Receive updates from Heritage about current events and initiatives in your email inbox

Sign Up

Already Signed up?

Manage Your Subscriptions
http://www.heritage.org/research/commentary/2005/01/copyright-is-copyright-is-copyright?fb=true#foot_anchor

© 2012, The Heritage Foundation
Conservative policy research since 1973

  • Donate
  • Press & Media
  • Help
  • Contact Us
  • Directions to Heritage
  • Search
  • Bookstore
  • Careers
  • Privacy Policy
  • Copyright