X-Git-Url: https://pere.pagekite.me/gitweb/text-free-culture-lessig.git/blobdiff_plain/5518dbacda0beec9d017a3dd3b2ecf3e01d4a86e..a47c76ef23933cb5ff679972005ec3fbedef498e:/freeculture.xml diff --git a/freeculture.xml b/freeculture.xml index 579b6fa..39f6208 100644 --- a/freeculture.xml +++ b/freeculture.xml @@ -67,10 +67,10 @@ - + - + Creative Commons, Some rights reserved @@ -135,10 +135,9 @@ Appeals. 2003063276 - - - + + You can buy a copy of this book by clicking on one of the links below: @@ -148,9 +147,11 @@ You can buy a copy of this book by clicking on one of the links below: Penguin + - + + ALSO BY LAWRENCE LESSIG @@ -160,13 +161,17 @@ The Future of Ideas: The Fate of the Commons in a Connected World Code: And Other Laws of Cyberspace - + + + THE PENGUIN PRESS, NEW YORK - + + + FREE CULTURE @@ -180,8 +185,9 @@ AND CONTROL CREATIVITY LAWRENCE LESSIG - + + THE PENGUIN PRESS, a member of Penguin Group (USA) Inc. 375 Hudson Street New York, New York @@ -255,12 +261,15 @@ this publication may be reproduced, stored in or introduced into a retrieval system, or transmitted, in any form or by any means (electronic, mechanical, photocopying, recording or otherwise), without the prior written permission of both the copyright owner and -the above publisher of this book. The scanning, uploading, and -distribution of this book via the Internet or via any other means -without the permission of the publisher is illegal and punishable by -law. Please purchase only authorized electronic editions and do not -participate in or encourage electronic piracy of copyrighted -materials. Your support of the author's rights is appreciated. +the above publisher of this book. + + +The scanning, uploading, and distribution of this book via the +Internet or via any other means without the permission of the +publisher is illegal and punishable by law. Please purchase only +authorized electronic editions and do not participate in or encourage +electronic piracy of copyrighted materials. Your support of the +author's rights is appreciated. @@ -486,7 +495,7 @@ book is written. - + INTRODUCTION On December 17, 1903, on a windy North Carolina beach for just @@ -1258,7 +1267,7 @@ context the current battles about behavior labeled "piracy." - + CHAPTER ONE: Creators In 1928, a cartoon character was born. An early Mickey Mouse @@ -1712,7 +1721,7 @@ free culture. It is becoming much less so. - + CHAPTER TWO: "Mere Copyists" photography @@ -2155,7 +2164,7 @@ for me something that reflects that." Not by giving a kid a video camera and … saying, "Let's go have fun with the video camera and make a little movie." But instead, really help you take these elements that you understand, that are your language, and construct meaning -about the topic. … +about the topic.… That empowers enormously. And then what happens, of @@ -2581,7 +2590,7 @@ quipped to me in a rare moment of despondence. - + CHAPTER THREE: Catalogs In the fall of 2002, Jesse Jordan of Oceanside, New York, enrolled as @@ -2796,7 +2805,7 @@ wrong message. And he wants to correct the record." - + CHAPTER FOUR: "Pirates" If "piracy" means using the creative property of others without @@ -3241,6 +3250,7 @@ United Artists Television, Inc.). +Heston, Charlton These were "free-ride[rs]," Screen Actor's Guild president Charlton Heston said, who were "depriving actors of @@ -3248,7 +3258,9 @@ compensation." Copyright Law Revision—CATV, 209 (statement of Charlton Heston, president of the Screen Actors Guild). - +Heston, Charlton + + But again, there was another side to the debate. As Assistant Attorney @@ -3310,7 +3322,7 @@ last. Every generation—until now. - + CHAPTER FIVE: "Piracy" There is piracy of copyrighted material. Lots of it. This piracy comes @@ -3497,6 +3509,8 @@ what—at least ordinarily. And if the law properly balances the rights of the copyright owner with the rights of access, then violating the law is still wrong. GNU/Linux operating system +Internet Explorer +Netscape Linux operating system @@ -4160,8 +4174,7 @@ enough, this "taking" notwithstanding. If we put these cases together, a pattern is clear: - -Pattern of Court and Congress response + @@ -4198,7 +4211,7 @@ together, a pattern is clear: -
+ In each case throughout our history, a new technology changed the @@ -4385,7 +4398,7 @@ from the implications that the copyright warriors would have us draw. - + CHAPTER SIX: Founders William Shakespeare wrote Romeo and Juliet in 1595. The play @@ -4398,6 +4411,7 @@ even recognize their source. I once overheard someone commenting on Kenneth Branagh's adaptation of Henry V: "I liked it, but Shakespeare is so full of clichés." +Henry V In 1774, almost 180 years after Romeo and Juliet was written, the "copy-right" for the work was still thought by many to be the exclusive @@ -4529,41 +4543,35 @@ distribute, the exclusive right to perform, and so on. So, for example, even if the copyright to Shakespeare's works were perpetual, all that would have meant under the original meaning of the -term was that no one could reprint Shakespeare's work without the - permission -of the Shakespeare estate. It would not have controlled - anything, -for example, about how the work could be performed, whether +term was that no one could reprint Shakespeare's work without the +permission of the Shakespeare estate. It would not have controlled +anything, for example, about how the work could be performed, whether the work could be translated, or whether Kenneth Branagh would be -allowed to make his films. The "copy-right" was only an exclusive right -to print—no less, of course, but also no more. +allowed to make his films. The "copy-right" was only an exclusive +right to print—no less, of course, but also no more. Even that limited right was viewed with skepticism by the British. -They had had a long and ugly experience with "exclusive rights," - especially -"exclusive rights" granted by the Crown. The English had fought -a civil war in part about the Crown's practice of handing out - monopolies—especially -monopolies for works that already existed. King Henry -VIII granted a patent to print the Bible and a monopoly to Darcy to -print playing cards. The English Parliament began to fight back -against this power of the Crown. In 1656, it passed the Statute of - Monopolies, -limiting monopolies to patents for new inventions. And by -1710, Parliament was eager to deal with the growing monopoly in -publishing. - - -Thus the "copy-right," when viewed as a monopoly right, was - naturally -viewed as a right that should be limited. (However convincing -the claim that "it's my property, and I should have it forever," try +They had had a long and ugly experience with "exclusive rights," +especially "exclusive rights" granted by the Crown. The English had +fought a civil war in part about the Crown's practice of handing out +monopolies—especially monopolies for works that already +existed. King Henry VIII granted a patent to print the Bible and a +monopoly to Darcy to print playing cards. The English Parliament began +to fight back against this power of the Crown. In 1656, it passed the +Statute of Monopolies, limiting monopolies to patents for new +inventions. And by 1710, Parliament was eager to deal with the growing +monopoly in publishing. + +Henry VIII, King of England + +Thus the "copy-right," when viewed as a monopoly right, was naturally +viewed as a right that should be limited. (However convincing the +claim that "it's my property, and I should have it forever," try sounding convincing when uttering, "It's my monopoly, and I should -have it forever.") The state would protect the exclusive right, but only -so long as it benefited society. The British saw the harms from - specialinterest -favors; they passed a law to stop them. +have it forever.") The state would protect the exclusive right, but +only so long as it benefited society. The British saw the harms from +specialinterest favors; they passed a law to stop them. Second, about booksellers. It wasn't just that the copyright was a @@ -4697,6 +4705,7 @@ of contemporary Scottish poems with Donaldson." Ibid., 93. +Boswell, James Erskine, Andrew @@ -4885,7 +4894,7 @@ protected. - + CHAPTER SEVEN: Recorders Jon Else is a filmmaker. He is best known for his documentaries and @@ -5082,7 +5091,7 @@ not. - + CHAPTER EIGHT: Transformers Allen, Paul Alben, Alex @@ -5439,7 +5448,7 @@ curse, reserved for the few. - + CHAPTER NINE: Collectors In April 1996, millions of "bots"—computer codes designed to @@ -5768,7 +5777,7 @@ that Kahle and others would exercise. - + CHAPTER TEN: "Property" Jack Valenti has been the president of the Motion Picture Association @@ -7848,7 +7857,6 @@ of the media. These changes are of two sorts: the scope of concentration, and its nature. -BMG Changes in scope are the easier ones to describe. As Senator John McCain summarized the data produced in the FCC's review of media @@ -7870,7 +7878,11 @@ programming to 74 percent of the cable subscribers nationwide." Molly Ivins, "Media Consolidation Must Be Stopped," Charleston Gazette, 31 May 2003. +BMG +EMI McCain, John +Universal Music Group +Warner Music Group The story with radio is even more dramatic. Before deregulation, @@ -8297,8 +8309,7 @@ combine these two distinctions and draw a clear map of the changes that copyright law has undergone. In 1790, the law looked like this: - -Law status in 1790 + @@ -8320,7 +8331,7 @@ that copyright law has undergone. In 1790, the law looked like this: -
+ The act of publishing a map, chart, and book was regulated by @@ -8335,8 +8346,7 @@ noncommercial work was also free. By the end of the nineteenth century, the law had changed to this: - -Law status at the end of ninetheenth centory + @@ -8358,7 +8368,7 @@ By the end of the nineteenth century, the law had changed to this: -
+ Derivative works were now regulated by copyright law—if @@ -8374,8 +8384,7 @@ expanded. Thus by 1975, as photocopying machines became more common, we could say the law began to look like this: - -Law status in 1975 + @@ -8397,7 +8406,7 @@ we could say the law began to look like this: -
+ The law was interpreted to reach noncommercial copying through, say, @@ -8407,8 +8416,7 @@ technologies, especially in the context of a digital network, means that the law now looks like this: - -Law status now + @@ -8430,7 +8438,7 @@ that the law now looks like this: -
+ Every realm is governed by copyright law, whereas before most @@ -8522,7 +8530,7 @@ lawyer. PUZZLES - + CHAPTER ELEVEN: Chimera chimeras @@ -8802,7 +8810,7 @@ and will kill opportunities that could be extraordinarily valuable. - + CHAPTER TWELVE: Harms To fight "piracy," to protect "property," the content industry has @@ -9208,6 +9216,8 @@ So extreme has the environment become that even car manufacturers are afraid of technologies that touch content. In an article in Business 2.0, Rafe Needleman describes a discussion with BMW: +EMI +Universal Music Group
BMW @@ -10178,8 +10188,11 @@ success will require. - + CHAPTER THIRTEEN: Eldred + + Hawthorne, Nathaniel + In 1995, a father was frustrated that his daughters didn't seem to like Hawthorne. No doubt there was more than one such father, but at @@ -10219,6 +10232,7 @@ animated cartoons, sometimes successfully (Cinderella), s (The Hunchback of Notre Dame, Treasure Planet). These are all commercial publications of public domain works. + The Internet created the possibility of noncommercial publications of public domain works. Eldred's is just one example. There are literally @@ -10730,6 +10744,7 @@ digitized, and hence will simply rot away on shelves. But the for other creative works is much more dire. Agee, Michael +Hal Roach Studios Laurel and Hardy Films Consider the story of Michael Agee, chairman of Hal Roach Studios, @@ -11160,6 +11175,7 @@ Law Libraries, and the National Writers Union. American Association of Law Libraries National Writers Union +Hal Roach Studios But two briefs captured the policy argument best. One made the argument I've already described: A brief by Hal Roach Studios argued @@ -11197,6 +11213,8 @@ Kathleen Sullivan, who had argued many cases in the Court, and who had advised us early on about a First Amendment strategy; and finally, former solicitor general Charles Fried. Fried, Charles +Morrison, Alan +Public Citizen Fried was a special victory for our side. Every other former solicitor @@ -11817,6 +11835,7 @@ unfair. But the punch in the face felt exactly like that.
Tom the Dancing Bug cartoon +Bolling, Ruben
The image that will always stick in my head is that evoked by the @@ -11829,7 +11848,7 @@ better lawyer would have made them see differently. - + CHAPTER FOURTEEN: Eldred II The day Eldred was decided, fate would have it that I was to travel to @@ -12221,7 +12240,7 @@ controlled by this dead (and often unfindable) hand of the past. - + CONCLUSION There are more than 35 million people with the AIDS virus @@ -12946,7 +12965,7 @@ potential is ever to be realized. - + AFTERWORD @@ -14176,8 +14195,9 @@ proportionally, though more popular artists would get more than the less popular. As is typical with Stallman, his proposal predates the current debate by about a decade. See link #85. -Netanel, Neil Weinstock Fisher, William +Netanel, Neil Weinstock +Promises to Keep (Fisher) Fisher suggests a very clever way around the current impasse of the Internet. Under his plan, all content capable of digital transmission @@ -14203,6 +14223,7 @@ facilitate free exchange of content, supported through a taxation system, then it can be continued. If this form of protection is no longer necessary, then the system could lapse into the old system of controlling access. +Promises to Keep (Fisher) Fisher would balk at the idea of allowing the system to lapse. His aim @@ -14441,7 +14462,7 @@ keep your lawyers away. - + NOTES Throughout this text, there are references to links on the World Wide @@ -14458,7 +14479,7 @@ the material. - + ACKNOWLEDGMENTS This book is the product of a long and as yet unsuccessful struggle that