____ panded in both scope and duration -- perhaps made comprehensive and
____ perpetual. The matter is not so simple.[11-49]

Not simple -- indeed, quite complex. The complexity is just what we've
been considering throughout this book. Intellectual property is both an
input and an output in the creative process; increasing the "costs" of intel-
lectual property thus increases both the cost of production and the incen-
tives to produce. Which side outweighs the other can't be known a priori.
"An expansion of copyright protection," Posner argues, "might... reduce
the output of literature... by increasing the royalty expense of writers."[11-50]
Thus the ideal mix cannot be found simply by increasing the power of copy-
right holders to control.

Other conservatives are a bit more colorful about the point. Consider, for
example, one of the brightest stars of the Ninth Circuit Court of Appeals,
Judge Alex Kozinski.

Kozinski is an immigrant. His family suffered at the hands of Romanian
communism; they fled Romania when he was twelve.[11-51] In 1985, he was ap-
pointed by President Reagan to the federal bench. He has since then been
the darling of the Federalist Right. He is an extraordinarily talented and in-
sightful judge, who has little patience for the paternalism of the liberal Left.

But the extremes of copyright drive him mad, and there is no better an
opinion describing his view of limited copyright terms than a dissent he
wrote to an opinion upholding the right of Vanna White to control the use
of images that would remind the public of her.

At issue in the Vanna White case was whether intellectual property law --
in particular, a state-created right of publicity -- would permit Vanna White
of _Wheel_of_Fortune_ fame to control all images that suggest her, including in
this case any advertisement that "evoke[s] the celebrity's image in the pub-
lic's mind."[11-52]

The Court of Appeals for the Ninth Circuit -- or, as that circuit includes
California, the Court of Appeals for the Hollywood Circuit, as Kozinski puts
it[11-53] -- upheld White's right to control the use of this image. Kozinski sharply
dissented. As he wrote:

____ Something very dangerous is going on here. Private property, including in-
____ tellectual property, is essential to our way of life. It provides an incentive
____ for investment and innovation; it stimulates the flourishing of our culture;
____ it protects the moral entitlements of people to the fruits of their labors. But
____ reducing too much to private property can be bad medicine.[11-54]

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