In the field of copyright law, a question often pondered is the extent to which copyright promotes the efficient allocation of resources and the greatest social welfare. The traditional and widely accepted understanding of copyright law operates under the assumption that granting authors exclusive rights to their works will encourage the production of new content. By doing so, copyright law aligns with economic theories claiming individuals are primarily motivated by money, thereby maximizing the benefits of creating additional works. Economic incentives play a pivotal role in the creation of intellectual property. However, I believe they are overemphasized as the sole motivator. Beyond just economic or financial gain, non-economic and intrinsic factors have also been shown to motivate creation.
It is a widely accepted notion that when people are given an economic incentive to do something—an “economic carrot” is dangled in front of them—whatever it is they choose to do for that potential gain will be more productive, creative, and innovative. This financial incentive is often cited as the sole way in which authors are pushed to continue creating and innovating. It seems this widely accepted theory not only positions itself as the primary incentive for copyright but also as a precondition for creative activity to occur. The resulting assumption is that, if there was no potential to make a profit, there would be no motivation to create in the first place.
This misguided belief cannot be the case—its supremacy has little more to do with real evidence than with mistaken assumptions about human behaviour and individual decision-making. This claim is fundamentally dependent on the dubious assumption that a rational actor works only to ensure wealth maximization. It could very well be that for every individual genuinely motivated by the new incentives, there may be an equal number deterred due to the increased cost of creating.
Hyper-fixation on economic factors completely disregards intrinsic motivational factors, such as passion for a specific subject, self-expression, pleasure, and the desire to give back—all of which play a much stronger and sustainable role in motivating creators. When an author derives joy and fulfillment from bringing their ideas to life during the creation process, it can motivate them to continue to want to contribute. Without a passion for a subject, it is unlikely that artists, writers, musicians, and creators of all kinds would remain dedicated to their craft in the face of obstacles or challenges rather than in another domain where they can experience financial gains.
Although money is a very useful resource to possess—one that many creative people are not opposed to receiving—it is not the sole motivator of those who wish to produce intellectual property and should not be posited as such.