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Of all the creative work produced by humans anywhere, a tiny fraction has continuing commercial value. For that tiny fraction, the copyright is a crucially important legal device. For that tiny fraction, the copyright creates incentives to produce and distribute the creative work. For that tiny fraction, the copyright acts as an 'engine of free expression.' But even for that tiny fraction, the actual time during which the creative work has a commercial life is extremely short. As I've indicated, most books go out of print within one year. The same is true of music and film. Commercial culture is sharklike. It must keep moving. And when a creative work falls out of favor with the commercial distributors, the commercial life ends.

Lawrence Lessig#38

CopyrightMediaCommerce

About this quote

What does it mean?
Lessig notes only a tiny fraction of creative work has commercial value, and even then, its profitable life is short; copyright acts as an engine for expression only briefly.
In plain terms
Commercial life for most creative works is very short.
What can you take from it?
Copyright only matters for a small fraction of work.

Where it applies

  • industry analysis
  • publishing
  • distribution

Putting it to work

  • economic argument
  • policy critique

Questions to consider

  • Do most works need long copyright?
  • How short is the commercial life?

Another view

Long terms might still incentivize creation indirectly.

More from Lawrence Lessig

  1. 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
  2. Now that copyrights can be just about a century long, the inability to know what is protected and what is not protected becomes a huge and obvious burden on th…

    Permalink to quote #39
  3. Some people view the public domain with contempt. In their brief before the Supreme Court, the Nashville Songwriters Association wrote that the public domain i…

    Permalink to quote #36

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