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?
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
Putting it to work
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
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