Feross.org

Number of Creative Commons licensed works (IN MILLIONS), plotted over time

Lessig’s efforts to reform copyright involve two main points:

1.) The law should give up its obsession with “copy.”

In the digital world, “copying” is not a meaningful act, so the law should focus its attention on something more meaningful. There are dozens of proposals for alternative copyright models, which I do not have space to cover here. The essential point is that change is needed in the law. As Lessig puts it:

We need to deregulate a significant space of culture and focus the regulation where it can do some good.

In its current form, copyright law amounts to the regulation of culture, which was clearly not its original intent.

2.) The law should distinguish between amateur and professional copying.

The law should recognize the importance of remix culture to youth culture by distinguishing between amateur and professional copying. Copyright law should encourage both amateur and professional creativity by producing incentives for the professional and promoting freedom for the amateur.

For most of the twentieth century, John Philip Sousa’s worst fears about creative production were true: the “infernal machines” – cassette players, CD players, radio, TV – robbed human culture of its creativity and of its voice. He describes:

Never before in the history of human culture had its [creative works] production become as concentrated, never before had it become as professionalized, never before had the creativity of the ordinary person become as effectively displaced . . .

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“In 1906, John Philip Sousa traveled to the U.S. capital to speak about the technology which he referred to as the ‘talking machines’ [the record player]. John Philip Sousa was not a fan of the talking machines. This is what he had to say: ‘These talking machines are going to ruin the artistic development of music in this country. When I was a boy . . . in front of every house in the summer evenings you would find young people together singing the songs of the day or the old songs. Today you hear the infernal machines going night and day. We will not have a vocal chord left. The vocal chords will be eliminated by a process of evolution, as was the tail of man when he came from the ape.’” [emphasis in the original]

– Lawrence Lessig, Stanford Professor of Law

Besides the threat of Internet censorship, Stanford Professor Lawrence Lessig also recognizes copyright law as another threat to free expression on the Internet.

He has been an outspoken advocate for copyright law reform, proposing reduced legal restrictions on copyrights and trademarks in the digital realm. Lessig has dedicated most of his career to copyright reform; he sees it as the single most important issue that will define the success of the Internet in the future.

The current copyright situation for digital media. Neither professionals nor amateurs are allowed to copy or remix existing copyrighted works. (Photo courtesy Lessig).

The ideal copyright scenario, after Lessig’s suggested reforms have been implemented. He proposes that amateurs be allowed to remix and modify copyrighted works without limit (free use). Only professional copying is off-limits. The “grey areas” are left up to the copyright owner to decide (Photo courtesy Lessig).

He produces many blog posts, podcasts, and speeches arguing in great detail his reasons for proposing reduced copyright restrictions. Lessig argues that one of the most important triumphs of the Internet is its “remix culture” – a phrase that he coined to describe the widespread acceptance and encouragement of derivative works (works that include copyright protected elements of other works).

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