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Now the Disney Corporation could do this because that culture lived in a commons, an intellectual commons, a cultural commons, where people could freely take and build. It was a lawyer-free zone. It was culture, which you didn't need the permission of someone else to take and build upon. That was the character of creativity at the birth of the last century. It was built upon a constitutional requirement that protection be for limited times, and it was originally limited. Fourteen years, if the author lived, then 28, then in 1831 it went to 42, then in 1909 it went to 56, and then magically, starting in 1962, look - no hands, the term expands. Eleven times in the last 40 years it has been extended for existing works - not just for new works that are going to be created, but existing works. The most recent is the Sonny Bono copyright term extension act.

Lawrence Lessig#19

CopyrightHistoryCorporationsExpansion

About this quote

What does it mean?
Disney grew by building on a free cultural commons, but copyright terms keep expanding to block that freedom.
In plain terms
Past creativity used shared ideas, but now laws stop free use.
What can you take from it?
Extend terms limit free building.

Where it applies

  • business strategy
  • legal advocacy
  • media production

Putting it to work

  • challenge term extensions
  • revive commons use

Questions to consider

  • Who gains from expanding terms?
  • How do we protect shared culture?

Another view

Companies argue long terms fund future works.

More from Lawrence Lessig

  1. Forget the 18th century, the 19th century, even at the birth of the 20th century. Here's my favorite example, here: 1928, my hero, Walt Disney, created this ex…

    Permalink to quote #18
  2. The meaning of this pattern is absolutely clear to those who pay to produce it. The meaning is: No one can do to the Disney Corporation what Walt Disney did to…

    Permalink to quote #20
  3. 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 c…

    Permalink to quote #17

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