X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/008e96ebf3fb20c106d8d3e686209bff0a22125b..e768a746d89e90ebc2274d4be0f609b3314d8f5e:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index c2eaba3..eae61d5 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -966,7 +966,7 @@ this change, the war to rid the world of Internet pirates will al culture of values that have been integral to our tradition from the start. Constitution, U.S.First Amendment to -Copyright lawas protection of creators +copyright lawas protection of creators First Amendment Netanel, Neil Weinstock @@ -1131,7 +1131,7 @@ to which most of us remain oblivious. <quote>PIRACY</quote> -Copyright lawEnglish +copyright lawEnglish Mansfield, William Murray, Lord music publishing sheet music @@ -1983,6 +1983,7 @@ Dist. Ct. 1894). Disney, Walt +images, ownership of The arguments in favor of requiring permission will sound surprisingly familiar. The photographer was taking something from the person or @@ -1996,6 +1997,7 @@ that they thought valuable. Brandeis, Louis D. Steamboat Bill, Jr. +camera technology On the other side was an argument that should be familiar, as well. Sure, there may be something of value being used. But citizens should @@ -2014,7 +2016,6 @@ gets something for nothing. Just as Disney could take inspiration from free to capture an image without compensating the source. -images, ownership of Fortunately for Mr. Eastman, and for photography in general, these early decisions went in favor of the pirates. In general, no @@ -2033,6 +2034,7 @@ Inc., 971 F. 2d 1395 (9th Cir. 1992), cert. denied, 508 U.S. 951 (1993). ) +Kodak cameras Napster We can only speculate about how photography would have developed had @@ -2049,6 +2051,8 @@ imagine the law then requiring that some form of permission be demonstrated before a company developed pictures. We could imagine a system developing to demonstrate that permission. + +camera technology democracyin technologies of expression expression, technologies ofdemocratic @@ -2069,6 +2073,7 @@ realized. + If you drive through San Francisco's Presidio, you might see two gaudy yellow school buses @@ -2118,6 +2123,8 @@ and noticing split infinitives are the things that literate peopl about. advertising +commercials +televisionadvertising on Maybe. But in a world where children see on average 390 hours of television commercials per year, or between 20,000 and 45,000 @@ -2143,6 +2150,7 @@ how difficult media is. Or more fundamentally, few of us have a sense of how media works, how it holds an audience or leads it through a story, how it triggers emotion or builds suspense. + It took filmmaking a generation before it could do these things well. But even then, the knowledge was in the filming, not in writing about @@ -2152,6 +2160,7 @@ reflecting upon what one has written. One learns to write with images by making them and then reflecting upon what one has created. Crichton, Michael +Daley, Elizabeth This grammar has changed as media has changed. When it was just film, as Elizabeth Daley, executive director of the University of Southern @@ -2232,7 +2241,7 @@ language of the twenty-first century. Ibid. -Barish, Stephanie +Barish, Stephanie As with any language, this language comes more easily to some than to others. It doesn't necessarily come more easily to those who excel in @@ -2245,6 +2254,7 @@ failure. But Daley and Barish ran a program that gave kids an opportunity to use film to express meaning about something the students know something about—gun violence. + The class was held on Friday afternoons, and it created a relatively new problem for the school. While the challenge in most classes was @@ -2270,6 +2280,7 @@ can do well. Yet neither is text a form in which these ideas can be expressed well. The power of this message depended upon its connection to this form of expression. + @@ -2320,7 +2331,9 @@ had a lot of power with this language. +September 11, 2001, terrorist attacks of World Trade Center +news coverage When two planes crashed into the World Trade Center, another into the Pentagon, and a fourth into a @@ -2357,6 +2370,7 @@ the term in his book Cyber Rights, around a news event th captured the attention of the world. There was ABC and CBS, but there was also the Internet. + I don't mean simply to praise the Internet—though I do think the people who supported this form of speech should be praised. I mean @@ -2376,6 +2390,10 @@ and obviously not just that events are commented upon critically, but that this mix of captured images, sound, and commentary can be widely spread practically instantaneously. +September 11, 2001, terrorist attacks of +blogs (Web-logs) +Internetblogs on +Web-logs (blogs) September 11 was not an aberration. It was a beginning. Around the same time, a form of communication that has grown dramatically was @@ -2385,7 +2403,8 @@ such as in Japan, it functions very much like a diary. In those cultures, it records private facts in a public way—it's a kind of electronic Jerry Springer, available anywhere in the world. -blogs (Web-logs) +political discourse +Internetpublic discourse conducted on But in the United States, blogs have taken on a very different character. There are some who use the space simply to talk about @@ -2400,6 +2419,9 @@ are relatively short; they point directly to words used by others, criticizing with or adding to them. They are arguably the most important form of unchoreographed public discourse that we have. +democracyin technologies of expression +elections +expression, technologies ofdemocratic That's a strong statement. Yet it says as much about our democracy as it does about blogs. This is the part of America that is most @@ -2411,7 +2433,11 @@ people vote in those elections. The cycle of these elections has become totally professionalized and routinized. Most of us think this is democracy. + + + Tocqueville, Alexis de +democracypublic discourse in jury system But democracy has never just been about elections. Democracy @@ -2433,6 +2459,7 @@ See, for example, Alexis de Tocqueville, Democracy in America + Yet even this institution flags in American life today. And in its place, there is no systematic effort to enable citizen deliberation. Some @@ -2445,6 +2472,7 @@ And in some towns in New England, something close to deliberation remains. But for most of us for most of the time, there is no time or place for democratic deliberation to occur. +political discourse More bizarrely, there is generally not even permission for it to occur. We, the most powerful democracy in the world, have developed a @@ -2458,8 +2486,13 @@ Cass Sunstein, Republic.com (Princeton: Princeton Univers We say what our friends want to hear, and hear very little beyond what our friends say. -blogs (Web-logs) +blogs (Web-logs) e-mail +Internetblogs on +Web-logs (blogs) + + + Enter the blog. The blog's very architecture solves one part of this problem. People post when they want to post, and people read when they @@ -2615,8 +2648,13 @@ Today there are probably a couple of million blogs where such writing happens. When there are ten million, there will be something extraordinary to report. - - + + + + + + + Brown, John Seely advertising @@ -3070,6 +3108,7 @@ Edison's creative property.
Recorded Music +copyright lawon music recordings The record industry was born of another kind of piracy, though to see how requires a bit of detail about the way the law regulates music. @@ -3206,6 +3245,7 @@ Copyright Act in 1909, record companies were free to distribute copies of recordings so long as they paid the composer (or copyright holder) the fee set by the statute. +Grisham, John This is an exception within the law of copyright. When John Grisham writes a novel, a publisher is free to publish that novel only if @@ -3214,8 +3254,8 @@ charge whatever he wants for that permission. The price to publish Grisham is thus set by Grisham, and copyright law ordinarily says you have no permission to use Grisham's work except with permission of Grisham. -Grisham, John + But the law governing recordings gives recording artists less. And thus, in effect, the law subsidizes the recording @@ -4211,6 +4251,17 @@ legitimate rights of creators while protecting innovation. Sometimes this has meant more rights for creators. Sometimes less. artistsrecording industry payments to +composers, copyright protections of +Congress, U.S.on copyright laws +Congress, U.S.on recording industry +copyright lawon music recordings +copyright lawstatutory licenses in +radiomusic recordings played on +recording industryartist remuneration in +recording industrycopyright protections in +recording industryradio broadcast and +statutory licenses +composer's rights vs. producers' rights in So, as we've seen, when mechanical reproduction threatened the interests of composers, Congress balanced the rights of composers @@ -4232,6 +4283,7 @@ compensation, but at a level set by the law. It likewise gave cable companies the right to the content, so long as they paid the statutory price. + @@ -4250,6 +4302,8 @@ Congress chose a path that would assure compensation without giving the past (broadcasters) control over the future (cable). + + Betamax cassette recordingVCRs @@ -4266,6 +4320,7 @@ and shows. Sony was therefore benefiting from the copyright infringement of its customers. It should therefore, Disney and Universal claimed, be partially liable for that infringement. + There was something to Disney's and Universal's claim. Sony did decide to design its machine to make it very simple to record television @@ -4303,7 +4358,7 @@ and plain common sense. Copyright Infringements (Audio and Video Recorders), 475. -Indeed, as surveys would later show, +Indeed, as surveys would later show, 45 percent of VCR owners had movie libraries of ten videos or more Universal City Studios, Inc. v. Sony Corp. of America, 480 F. Supp. 429, @@ -4311,8 +4366,8 @@ percent of VCR owners had movie libraries of ten videos or more — a use the Court would later hold was not fair. By allowing VCR owners to copy freely by the means of an exemption from -copyright infringementwithout creating a mechanism to compensate -copyrightowners, Valenti testified, Congress would take from the +copyright infringement without creating a mechanism to compensate +copyright owners, Valenti testified, Congress would take from the owners the very essence of their property: the exclusive right to control who may use their work, that is, who may copy it and thereby profit from its reproduction. @@ -5781,6 +5836,7 @@ billion pages, and it was growing at about a billion pages a month. Vanderbilt University Way Back Machine librariesarchival function of +news coverage The Way Back Machine is the largest archive of human knowledge in human history. At the end of 2002, it held two hundred and thirty @@ -5874,6 +5930,7 @@ events of that day. Movie Archive archive.orgInternet Archive + filmsarchive of Internet Archive Duck and Cover film @@ -7203,14 +7260,19 @@ current reach of copyright was never contemplated, much less chosen, by the legislators who enacted copyright law. -We can see this point abstractly by beginning with this largely +We can see this point abstractly by beginning with this largely empty circle.
All potential uses of a book.
-booksthree types of uses of +booksthree types of uses of +copyright lawcopies as core issue of +Internetcopyright applicability altered by technology of +technologycopyright intent altered by +derivative workspiracy vs. +piracyderivative work vs. Think about a book in real space, and imagine this circle to represent @@ -7237,6 +7299,8 @@ at the core of this circle of possible uses of a copyrighted work. It is the paradigmatic use properly regulated by copyright regulation (see first diagram on next page). + + Finally, there is a tiny sliver of otherwise regulated copying uses that remain unregulated because the law considers these fair uses. @@ -7271,7 +7335,7 @@ In real space, then, the possible uses of a book are divided into three sorts: (1) unregulated uses, (2) regulated uses, and (3) regulated uses that are nonetheless deemed fair regardless of the copyright owner's views. - + bookson Internet Enter the Internet—a distributed, digital network where every use @@ -7307,6 +7371,7 @@ use—reading— could be regulated by copyright law because none of those uses produced a copy. bookson Internet +derivative workstechnological developments and But the same book as an e-book is effectively governed by a different set of rules. Now if the copyright owner says you may read the book @@ -7333,6 +7398,7 @@ evidence at all that policy makers had this idea in mind when they allowed our policy here to shift. Unregulated uses were an important part of free culture before the Internet. +copyright lawon republishing vs. transformation of original work Second, this shift is especially troubling in the context of transformative uses of creative content. Again, we can all understand @@ -7359,6 +7425,11 @@ copyright law and hence the need for a fair use defense. The right to read was effectively protected before because reading was not regulated. + + + + + This point about fair use is totally ignored, even by advocates for free culture. We have been cornered into arguing that our rights @@ -7597,6 +7668,8 @@ the book. List of the permissions for Aristotle;s <quote>Politics</quote>. +Future of Ideas, The (Lessig) +Lessig, Lawrence Finally (and most embarrassingly), here are the permissions for the original e-book version of my last book, The Future of @@ -7650,6 +7723,7 @@ if you push the Read Aloud button with my book, the machine simply won't read aloud. Marx Brothers +Warner Brothers These are controls, not permissions. Imagine a @@ -7677,7 +7751,8 @@ to defeat these protections as well? We've only scratched the surface of this story. Return to the Adobe eBook Reader. -Alice's Adventures in Wonderland (Carroll) +Alice's Adventures in Wonderland (Carroll) +public domaine-book restrictions on Early in the life of the Adobe eBook Reader, Adobe suffered a public relations nightmare. Among the books that you could download for free @@ -7718,6 +7793,8 @@ could use a computer to read the book aloud, would Adobe agree that such a use of an eBook Reader was fair? Adobe didn't answer because the answer, however absurd it might seem, is no. + + The point is not to blame Adobe. Indeed, Adobe is among the most innovative companies developing strategies to balance open access to @@ -10596,6 +10673,7 @@ social causes. But with the Internet, it includes a wide range of individuals and groups dedicated to spreading culture generally. +pornography There's a parallel here with pornography that is a bit hard to describe, but it's a strong one. One phenomenon that the Internet created was a world of noncommercial pornographers—people who @@ -11580,6 +11658,8 @@ who had advised us early on about a First Amendment strategy; and finally, former solicitor general Charles Fried. Fried, Charles +Congress, U.S.constitutional powers of +Constitution, U.S.Commerce Clause of Fried was a special victory for our side. Every other former solicitor general was hired by the other side to defend Congress's power to give @@ -11609,6 +11689,8 @@ continue to have the right to control who did what with content they wanted to control. Gershwin, George +Porgy and Bess +pornography Dr. Seuss's representatives, for example, argued that it was better for the Dr. Seuss estate to control what happened to @@ -12964,6 +13046,7 @@ perspectives. And WIPO was an ideal venue for this discussion, since WIPO is the preeminent international body dealing with intellectual property issues. +World Summit on the Information Society (WSIS) Indeed, I was once publicly scolded for not recognizing this fact about WIPO. In February 2003, I delivered a keynote address to a @@ -12994,6 +13077,7 @@ had thought it was taken for granted that WIPO could and should. And thus the meeting about open and collaborative projects to create public goods seemed perfectly appropriate within the WIPO agenda. + Apple Corporation But there is one project within that list that is highly @@ -13108,7 +13192,10 @@ in understanding—the sort of mistake that is excusable in a first-year law student, but an embarrassment from a high government official dealing with intellectual property issues. +World Summit on the Information Society (WSIS) +drugspharmaceutical generic drugs +patentson pharmaceuticals Second, who ever said that WIPO's exclusive aim was to promote intellectual property maximally? As I had been scolded at the