Daily Archives: September 17, 2021

Who owns what you create?

I’d like to zoom ahead a few centuries for just a minute. Last post was about the brilliant type designer Francesco Griffo and how ownership of his creative output was taken away by the Venetian Senate. Naturally, he was bitter. Griffo did everything right: he worked hard to become skilled; he discovered what his customers wanted and delivered it; what he created was in short supply so he should have been able to command a respectable price for it. But Griffo couldn’t make a buck from his own type designs because his ownership of them was taken away.

Let me put in a plug here for the Graphic Artists’ Guild. In the late 1970s GAG lobbied the United States Congress to enact law that made everything an artist creates the sole property of that artist, unless the artist transfers ownership to somebody else through a contract. You can see how huge that was. Before 1978, an artist protected his creations by applying for a copyright or else a patent through the Patent Office. It cost you money to establish ownership of your own stuff. Now your creativity belongs to you from the moment you create it. Anybody else trying to claim it needs to show a contract you signed. No contract means the artist owns it. If you wonder why I’m unapologetically pro-America, this is one of the reasons. In the USA an artist’s intellectual property is protected by the law of the land.

I sought out my pal Fred Carlson’s (Fred was GAG’s president 1991-1993) input on this. Here’s what he added—

I always like to note that the US Constitution itself protects the intellectual property of its citizens, acknowledging the USA as the worldwide leader in copyright assignment to benefit creators—even Jefferson (who invented quite a few items in his lifetime!) saw the need for this:

US Constitution, Article 1 Section 8, clause 8 (in the whole article describing the creation of Congress)

“Section. 8. The Congress shall have the power to…”
Clause 8 “…promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;”

This recognized the positive impact of assigning ownership to inventors, writers, artists, who could then exploit the work for the profitable and regular distribution through the economy of their valuable intellectual property.
It created such things as Patent offices, copyright offices, etc. For a lot of the modern world these concepts dating to 1787 are still unknown and often disrespected.—Fred


Back to the beginning of The Western Civ User’s Guide to Reading & Writing.

Don’t forget: I wrote another Western Civ User’s Guide! Back to the beginning of The Western Civ User’s Guide to Time & Space.