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Some people view the public domain with contempt. In their brief before the Supreme Court, the Nashville Songwriters Association wrote that the public domain is nothing more than 'legal piracy.' But it is not piracy when the law allows it; and in our constitutional system, our law requires it. Some may not like the Constitution's requirements, but that doesn't make the Constitution a pirate's charter. As we've seen, our constitutional system requires limits on copyright as a way to assure that copyright holders do not too heavily influence the development and distribution of our culture. Yet, as Eric Eldred discovered, we have set up a system that assures that copyright terms will be repeatedly extended, and extended, and extended. We have created the perfect storm for the public domain. Copyrights have not expired, and will not expire, so long as Congress is free to be bought to extend them again.

Lawrence Lessig#36

CopyrightCulturePublic domainConstitution

About this quote

What does it mean?
Lessig challenges the view that the public domain is piracy, arguing the Constitution requires copyright limits to prevent cultural monopoly, yet repeated extensions threaten this balance.
In plain terms
The public domain is a legal requirement, not piracy.
What can you take from it?
Unlimited extensions threaten the cultural balance required by law.

Where it applies

  • legislative lobbying
  • legal defense
  • cultural criticism

Putting it to work

  • supreme court brief
  • advocacy

Questions to consider

  • Who benefits from endless extensions?
  • Is the Constitution being ignored?

Another view

Critics argue extensions protect existing investments from free riding.

More from Lawrence Lessig

  1. By insisting on the Constitution's limits to copyright, obviously Eldred was not endorsing piracy. Indeed, in an obvious sense, he was fighting a kind of pirac…

    Permalink to quote #35
  2. It is valuable copyrights that are responsible for terms being extended. Mickey Mouse and 'Rhapsody in Blue.' These works are too valuable for copyright owners…

    Permalink to quote #37
  3. Overregulation stifles creativity. It smothers innovation. It gives dinosaurs a veto over the future. It wastes the extraordinary opportunity for a democratic …

    Permalink to quote #34

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