In a recent article in the New York Times, Mark Helprin – author of Winter’s Tale – argued that intellectual property should become perpetual. After all, rights in real estate or personal property do not expire – though their owners might. Why is it that copyrights should “only” last for a lifetime plus 70 years, or patents for a mere 20?

In the United States, the answer is “the Constitution”, which requires that copyrights and patents be granted only for “limited times”. Mr Helprin expresses respect for the genius of the framers, but is unmoved by their firm command. He concludes that it was a misunderstanding. Thomas Jefferson did not realise that while ideas cannot be owned, their expression can. What’s more, the framers were misled by their rustic times.