free culture By Lawerence Lessig 1.Creativity and innovation always builds on the past.

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Presentation transcript:

free culture By Lawerence Lessig

1.Creativity and innovation always builds on the past.

2. The past always tries to control the creativity that builds on it.

3. Free societies enable the future by limiting the past.

4. Ours is less and less a free society.

1710 Statute of Anne limited term 14 years

1710 Statute of Anne limited term 14 years Renewable x1 for 7 years

1710 Statute of Anne limited term 14 years Renewable x1 for 7 years 21 years max

1731 ( )

1740s Scottish publishers reprint classics

London publishers: “copyright is forever”

Com Common Law copyright

1774 Donaldson v. Beckett free culture born

Shakespeare free

Free Shakespeare

freed culture

US Constitution Progress Clause To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries

1790 First US Copyright law passed

1790 unregulated creativity “printing” free derivatives 14 years

1790 free code transparent technology

1790 “fourteen years” maybe x2

to 42 (1831)

56 (1909)

59 (1962)

61 (1965)

63 (1967)

64 (1968)

65 (1969)

66 (1970)

67 (1971)

68 (1972)

70 (1974)

75 (1976)

95 (1998)

Sonny Bono Copyright Term Extension Act

aka

Mickey Mouse Protection Act

US Constitution Progress Clause To promote the progress of science and useful arts, by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries

Eldred vs Ashcroft

Eric Eldred The Scarlet Letter

Hawthorne

“noncommercial publishing industry”

Robert Frost

1998 Frost Poems  Public Domain Sonny Bono Copyright Term Extension Act Frost Poems  Public Domain 2019

X

Eldred vs Ashcroft

Public Domain X Fair Use ?

What is Fair Use? Legal limited use of copyrighted Material

1.the purpose and character of your use 2.the nature of the copyrighted work 3.the amount and substantiality of the portion taken, and 4.the effect of the use upon the potential market. ?

1.the purpose and character of your use 2.the nature of the copyrighted work 3.the amount and substantiality of the portion taken, and 4.the effect of the use upon the potential market. lawyers + = No fair use

1.Creativity and innovation always builds on the past.

2. The past always tries to control the creativity that builds on it.

3. Free societies enable the future by limiting the past.

4. Ours is less and less a free society.

Eldred vs Ashcroft Discussion promote the progress of science and useful arts? limited times?

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