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Here's a simple copyright lesson: Law regulates copies. What's that mean? Well, before the Internet, think of this as a world of all possible uses of a copyrighted work. Most of them are unregulated. Talking about fair use, this is not fair use; this is unregulated use. To read is not a fair use; it's an unregulated use. To give it to someone is not a fair use; it's unregulated. To sell it, to sleep on top of it, to do any of these things with this text is unregulated. Now, in the center of this unregulated use, there is a small bit of stuff regulated by the copyright law; for example, publishing the book - that's regulated. And then within this small range of things regulated by copyright law, there's this tiny band before the Internet of stuff we call fair use: Uses that otherwise would be regulated but that the law says you can engage in without the permission of anybody else. For example, quoting a text in another text - that's a copy, but it's a still fair use. That means the world was divided into three camps, not two: Unregulated uses, regulated uses that were fair use, and the quintessential copyright world. Three categories. Enter the Internet. Every act is a copy, which means all of these unregulated uses disappear. Presumptively, everything you do on your machine on the network is a regulated use. And now it forces us into this tiny little category of arguing about, 'What about the fair uses? What about the fair uses?' I will say the word: To hell with the fair uses. What about the unregulated uses we had of culture before this massive expansion of control?

Lawrence Lessig#24

CopyrightLawMediaTechnologyInternet

About this quote

What does it mean?
Lessig explains that before the internet most uses of copyrighted works were unregulated, with only a narrow band defined as fair use.
In plain terms
Most interactions with copyrighted material were not regulated before the internet.
What can you take from it?
Recognize the shift from unregulated to heavily regulated use.

Where it applies

  • content creation
  • educational publishing

Putting it to work

  • evaluate fair‑use claims
  • advocate balanced copyright reform

Questions to consider

  • How has digital distribution altered copyright norms?
  • What uses should remain unregulated?

Another view

The description simplifies complex legal nuances.

More from Lawrence Lessig

  1. Law and technology produce, together, a kind of regulation of creativity we've not seen before.

    Permalink to quote #23
  2. Now, here's the thing you've got to remember. You've got to see this. This is the point. (And Jack Valenti misses this.) Here's the point: Never has it been mo…

    Permalink to quote #25
  3. We have a massive system to regulate creativity. A massive system of lawyers regulating creativity as copyright law has expanded in unrecognizable forms, going…

    Permalink to quote #22

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