Oh please, your position is very popular in this industry, as you acknowledge in your third line. I think
Happy Birthday is very much out of copyright, but I don't agree that 'copyright is a legal fiction created by congress that exists solely to prop up industries.'
Example, I mentioned elsewhere that I'm working on producing a screenplay which involves the Happy Birthday song. I'm not enthused about having to budget for license fees for this. On the other hand, without copyright I would not be able to share the script with other people to get feedback or solicit their interest in making it into a film, because I would have no way to protect my interests as an author. From my point of view the screenplay represents about 4 months' worth of labor, and it will likely be 6 months' worth by the time it's at a final draft. As director of the project, that total labor involved will rise to well over a year's worth, more likely two. My ownership interest in the intellectual property is the only hope I have of making money off that investment later on should the film get made and prove popular.
If you don't believe in copyright, what do you think is my economic incentive to create original work, or anyone else's to commission/purchase such work?
Example, I mentioned elsewhere that I'm working on producing a screenplay which involves the Happy Birthday song. I'm not enthused about having to budget for license fees for this. On the other hand, without copyright I would not be able to share the script with other people to get feedback or solicit their interest in making it into a film, because I would have no way to protect my interests as an author. From my point of view the screenplay represents about 4 months' worth of labor, and it will likely be 6 months' worth by the time it's at a final draft. As director of the project, that total labor involved will rise to well over a year's worth, more likely two. My ownership interest in the intellectual property is the only hope I have of making money off that investment later on should the film get made and prove popular.
If you don't believe in copyright, what do you think is my economic incentive to create original work, or anyone else's to commission/purchase such work?