6 Lawrence Lessig Quotes on History

Lawrence Lessig quotes on history

12. While the creative works from the 16th century can still be accessed and used by others, the data in some software programs from the 1990s is already inaccessible. Once a company that produces a certain product goes out of business, it has no simple way to uncover how its product encoded data. The code is thus lost, and the software is inaccessible. Knowledge has been destroyed.

16. In 1774, free culture was born. In a case called Donaldson v. Beckett in the House of Lords in England, free culture was made because copyright was stopped. In 1710, the statute had said that copyright should be for a limited term of just 14 years. But in the 1740s, when Scottish publishers started reprinting classics - you gotta' love the Scots - the London publishers said 'Stop!' They said, 'Copyright is forever!'... These publishers demanded a common-law copyright that would be forever. In 1769, in a case called Miller v. Taylor, they won their claim, but just five years later, in Donaldson, Miller was reversed, and for the first time in history, the works of Shakespeare were freed, freed from the control of a monopoly of publishers. Freed culture was the result of that case.

17. 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 copyright law only covered 'printing.' Copyright law did not control derivative work. And copyright law granted this protection for the limited time of 14 years.

18. 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 extraordinary work, the birth of Mickey Mouse in the form of Steamboat Willie. But what you probably don't recognize about Steamboat Willie and his emergence into Mickey Mouse is that in 1928, Walt Disney, to use the language of the Disney Corporation today, 'stole' Willie from Buster Keaton's 'Steamboat Bill.' It was a parody, a take-off; it was built upon Steamboat Bill. Steamboat Bill was produced in 1928 - no 14 years - just take it, rip, mix, and burn, as he did to produce the Disney empire.

19. 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.

21. Remember the refrain: We always build on the past; the past always tries to stop us. Freedom is about stopping the past, but we have lost that ideal.