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Lawrence Lessig -
Creativity
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Now that copyrights can be just about a century long, the inability to know what is protected and what is not protected becomes a huge and obvious burden on the creative process. If the only way a library can offer an Internet exhibit about the New Deal is to hire a lawyer to clear the rights to every image and sound, then the copyright system is burdening creativity in a way that has never been seen before because there are no formalities.
Lawrence Lessig
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We have a massive system to regulate creativity. A massive system of lawyers regulating creativity as copyright law has expanded in unrecognizable forms, going from a regulation of publishing to a regulation of copying.
Lawrence Lessig
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Why should it be that just when technology is
most encouraging of creativity, the law should be most restrictive?
Lawrence Lessig
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Law and technology produce, together, a kind of regulation of creativity we've not seen before.
Lawrence Lessig
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Overregulation stifles creativity. It smothers innovation. It gives dinosaurs a veto over the future. It wastes the extraordinary opportunity for a democratic creativity that digital technology enables.
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The problems with software are just examples of the problems found generally with creativity. Our trend in copyright law has been to enclose as much as we can; the consequence of this enclosure is a stifling of creativity and innovation. If the Internet teaches us anything, it is that great value comes from leaving core resources in a commons, where they're free for people to build upon as they see fit.
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If you understand this refrain, you're gonna' understand everything I want to say to you today. It has four parts:
1. Creativity and innovation always builds on the past.
2. The past always tries to control the creativity that builds upon it.
3. Free societies enable the future by limiting this power of the past.
4. Ours is less and less a free society.
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That free culture was carried to America; that was our birth — 1790. We established a regime that left creativity unregulated. Now it was unregulated because copyright law only covered "printing." Copyright law did not control derivative work. And copyright law granted this protection for the limited time of 14 years.
Lawrence Lessig
Quote of the day
Nobody ever did anything very foolish except from some strong principle.
William Lamb, 2nd Viscount Melbourne
Lawrence Lessig
Creative Commons
Born:
June 3, 1961
(age 63)
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