Should there be no copyright for academic publications?

Worth read­ing and con­sid­er­ing is a new draft arti­cle by Professor Steven Shavell (author of the excel­lent law and eco­nom­ics text Foundations of Economic Analysis of Law) that pro­poses abol­ish­ing copy­right on aca­d­e­mic works:

The con­ven­tional ratio­nale for copy­right of writ­ten works, that copy­right is needed to fos­ter their cre­ation, is seem­ingly of lim­ited applic­a­bil­ity to the aca­d­e­mic domain. For in a world with­out copy­right of aca­d­e­mic writ­ing, aca­d­e­mics would still ben­e­fit from pub­lish­ing in the major way that they do now, namely, from gain­ing schol­arly esteem. Yet pub­lish­ers would pre­sum­ably have to impose fees on authors, because pub­lish­ers would not be able to profit from reader charges. If these pub­li­ca­tion fees would be borne by aca­d­e­mics, their incen­tives to pub­lish would be reduced. But if the pub­li­ca­tion fees would usu­ally be paid by uni­ver­si­ties or grantors, the motive of aca­d­e­mics to pub­lish would be unlikely to decrease (and could actu­ally increase) — suggesting that end­ing aca­d­e­mic copy­right would be socially desir­able in view of the broad ben­e­fits of a copyright-​​free world. If so, the demise of aca­d­e­mic copy­right should be achieved by a change in law, for the ‘open access’ move­ment that effec­tively seeks this objec­tive with­out mod­i­fi­ca­tion of the law faces fun­da­men­tal difficulties.

via “Should Copyright Of Academic Works Be Abolished?” | Berkman Center.

An inter­est­ing pro­posal that I look for­ward to read­ing in more detail. My gut feel­ing is that, as an aca­d­e­mic author, I would be com­fort­able with this, pro­vided attri­bu­tion was man­dated (as with Creative Commons, which is really based on copy­right). After all, while I do not expect to profit directly from any aca­d­e­mic work I pro­duce, I need the attri­bu­tion to me to stay in order to sur­vive in an aca­d­e­mic pro­fes­sion that rewards pub­li­ca­tions and writ­ings. If I lose the attri­bu­tion, I lose that.

As I said, I look for­ward to read­ing Professor Shavell’s draft arti­cle in more depth.

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  1. Image credit: Stacks at the New York Public Library