Arguing For Infinite Copyright

Helprin makes the same mistake that many make of thinking that just because the linguistic convention is to call such things "intellectual property," it really is the same thing as property. His entire argument is based on this simple point -- and it's why he's wrong. It is amusing to note that some are already pointing out that Helprin's argument is a blatant copy of Mark Twain's -- and yet we doubt he paid the descendants of Mark Twain for it. However, the key to Helprin's problem is his total and complete misunderstanding of the purpose of property as well as the purpose of copyright law.

The key point here is that in pretending (or simply ignorantly claiming) that intellectual property is the same as tangible property, Helprin completely misunderstands what rights copyright law gives him. It is not the same right as he has over his own property -- which, after he sells it, he no longer has control over it. Instead of "property rights," copyright gives him a monopoly right (which is what Jefferson preferred to call it) to control how his output is used even after it's sold.