Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity

Book Description

From "the most important thinker on intellectual property in the Internet era" (The New Yorker), a landmark manifesto about the genuine closing of the American mind.

Lawrence Lessig could be called a cultural environmentalist. One of America's most original and influential public intellectuals, his focus is the social dimension of creativity: how creative work builds on the past and how society encourages or inhibits that building with laws and technologies. In his two previous books, Code and The Future of Ideas, Lessig concentrated on the destruction of much of the original promise of the Internet. Now, in Free Culture, he widens his focus to consider the diminishment of the larger public domain of ideas. In this powerful wake-up call he shows how short-sighted interests blind to the long-term damage they're inflicting are poisoning the ecosystem that fosters innovation.

All creative works-books, movies, records, software, and so on-are a compromise between what can be imagined and what is possible-technologically and legally. For more than two hundred years, laws in America have sought a balance between rewarding creativity and allowing the borrowing from which new creativity springs. The original term of copyright set by the Constitution in 1787 was seventeen years. Now it is closer to two hundred. Thomas Jefferson considered protecting the public against overly long monopolies on creative works an essential government role. What did he know that we've forgotten?

Lawrence Lessig shows us that while new technologies always lead to new laws, never before have the big cultural monopolists used the fear created by new technologies, specifically the Internet, to shrink the public domain of ideas, even as the same corporations use the same technologies to control more and more what we can and can't do with culture. As more and more culture becomes digitized, more and more becomes controllable, even as laws are being toughened at the behest of the big media groups. What's at stake is our freedom-freedom to create, freedom to build, and ultimately, freedom to imagine.

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"From ""the most important thinker on intellectual property in the Internet era"" (The New Yorker), a landmark manifesto about the genuine closing of the American mind. Lawrence Lessig could be called a cultural environmentalist. One of America's most original and influential public intellectuals, his focus is the social dimension of creativity: how creative work builds on the past and how society encourages or inhibits that building with laws and technologies. In his two previous books, Code and The Future of Ideas, Lessig concentrated on the destruction of much of the original promise of the Internet. Now, in Free Culture, he widens his focus to consider the diminishment of the larger public domain of ideas. In this powerful wake-up call he shows how short-sighted interests blind to the long-term damage they're inflicting are poisoning the ecosystem that fosters innovation. All creative works-books, movies, records, software, and so on-are a compromise between what can be imagined and what is possible-technologically and legally. For more than two hundred years, laws in America have sought a balance between rewarding creativity and allowing the borrowing from which new creativity springs. The original term of copyright set by the Constitution in 1787 was seventeen years. Now it is closer to two hundred. Thomas Jefferson considered protecting the public against overly long monopolies on creative works an essential government role. What did he know that we've forgotten?

Customer Reviews:

Obscure and not totally convincing (3.25 *s).......2007-04-16

The author is a well-known advocate for "free culture," a culture where creators and innovators are supported and protected, which he claims is part of our tradition. Copyright laws have ensured that authors have a property right in their work for a limited duration. Part of the reason for a limitation is that cultural advancements and change have always drawn upon past culture to produce the new. Copyrights extending into perpetuity would harm cultural growth.

The author is alarmed by two developments: the extension of copyright to 95 years from an original period of 28 years via the Sonny Bono Copyright Term Extension Act (CTEA) of 1998 and, with the rise of the Internet and the ease of copying and sharing content, the ability of technology controlled by big media companies to discover copying, whether illegal or not, and their willingness to rigidly enforce, even unfairly, copyright laws. Ironically, as he points out, many large companies in film, television, and music have often advanced by borrowing content from past work. Now it seems that similarly-situated companies want to slam the door shut.

Not all use of copyrighted materials is illegal. There is the legal concept of "fair use," where such material is incidentally used not for direct financial gain. But the author claims that we are becoming a "permission" culture, where expensive, legal action is required to gain access to copyrighted material for even innocuous purposes. The author gives several examples where users of original content were clearly not involved in piracy, yet found themselves on the losing end of legal proceedings largely because of a lack of sufficient resources.

The author shows a narrow legal perspective with his view that he had considered the massive consolidation of media that has occurred over the last few decades to have had a non-harmful impact on creativity (p 164). Now he is changing his mind. He apparently ignored the tremendous amount of commentary on the ability of huge media corporations to censor independent views and to dumb-down the culture, if not engage in propaganda.

One of the prime motivating factors for this book was the author's role in a losing effort as the principal litigator in Eldred vs. Ashcroft at the Supreme Ct, which was an attempt to overturn the CETA on the Constitutional right of Congress to promote progress in ideas by granting exclusive rights to works and discoveries for a limited time. In reviewing his arguments, the author admits to not demonstrating a decided decrease in creativity due to copyright extension. And that is a problem with the book.

The book is actually somewhat obscure. The interaction of computer software and technology within and over the Internet combined with the application of copyright law is vaguely presented. Beyond some horror stories, it's hard to determine the true impact on creativity. The author agrees that selling copyrighted material without compensating the author is illegal whether on or off the Internet. There is no doubt that commercial web sites can impose any restrictions on accessing their content, regardless of copyright status. The author seems to suggest that cracking down on replicating thousands of copies of copyrighted content on the Internet stifles creativity and is contrary to the precedence established by reading or reselling books. But such issues within the scope and instant access of the Internet are complex and are far from being resolved.

Far more persuasive in terms of suppressing the free advance of ideas in our society is the growth of mega-corporations squeezing out small producers of cultural content and homogenizing our culture. Within such huge organizations independent voices like journalists are controlled or silenced. The free and widely disseminated exchange of ideas so vital to a vibrant democracy is hurt by the massive consolidation of the media intent on not offending and accommodating the status quo. The author notes the rise of web-logs on the Internet. It is unclear as to whether such random postings can counter the huge trend of controlling information.

Our culture is suffering. We as a society and as individual citizens are uninformed and lack empowerment. No more evidence is needed than our political debacles and international misadventures over the last few years. Overagressive enforcement of copyrights on the Internet may be problematical but is hardly our main problem in the assault on a free culture.

Well done.......2007-01-28

This book gives a comprehensive presentation against the current copyright theory and why we should go towards a more copyleft/creative commons type system.

Really provocative.......2005-09-21

I loved this illuminating and thought-provoking book. Lessig makes a compelling argument against extended copyright laws and other issues that may interfere with creating new projects based on derivative works.

The book was a bit repetitive but easy to read unlike his earlier book, the Future Of Ideas, which I found to be overly technical.

The Internet opens up so many vast possibilities for us to expand creative intellectual ideas but these will never materialize if we continue on our current path of making it nearly impossible to borrow from other people's works.

Lessig is imminently reasonable and has a great deal of respect for property and the rights of authors or creators. As soon as I finished reading Free Culture, I registered two of my Web blogs with Creative Comments. Now they both say "Some Rights Reserved." :-)

Sigrid Macdonald
Author of D'Amour Road

Intellectual Property Rights & HIV/AIDS.......2005-05-23

Like we need another review here. Anyhow, my 2 bits . . . because no one else has mentioned it.

The heart of Lessig's discussion/idea/arguement is where the debate over Intellectual Property Rights leads regarding HIV/AIDS and the availability of drugs to help fight or control the disease in Africa.

Sure, grant Disney Corp. another 20? years of pimping M-I-C-K-E-Y . . . and keep Dr. Seuss from falling into the hands of pornographers. Who cares?

Lessig points out where the obnoxiously single-minded, show-me-the-money (oops! is this a copyright infringement?) p.o.v. of the wealthy leads us as a culture: that, collectively, we can dispense with the lives of millions of people while upholding a legal argument based on principal.

It's about money clamping down on life, whether that's the freedom to have the creative works, which were created within a cultural context, return something of value to the culture that spawned them, or whether it means the very lives of HIV/AIDS sufferers in the "3rd World."

Read.

a fantastic read. well crafted - couldn't put it down!.......2005-04-26

i am a content creator myself (artist and graphic designer) and this presented issues of intellectual property, copyrights and file sharing in a proper perspective. lessig stays fairly moderate throughout, borrowing rally cries from both the left and the right. the reviewer who called him a "communist" has obviously not read the whole book. a person of such limited mental faculty probably had difficulty finishing it.

lessig is a law professor and a constitutional scholar - many of his problems with the perpetual extensions of copyright stem from the fact that very plainly they are unconstitutional.

the author proposes that copyrights be limited reasonably (as provided by the constitution) so that public domain will continue to grow. as it stands anything before the great depression is part of this domain - "free" in the sense that it is part of our general cultural output - owned by no one. through corporate lobbying efforts, it is quite possible that nothing new will be added to the public domain in our lifetime.

the framers of the constitutions SPECIFICALLY limited the duration of copyright so that a creative work, after making money for the creator and living a commercial life, would then become part of the PUBLIC domain - a domain that we all share and all contribute to.

some readers, like the communist-brander, may have been thrown by the title. the author does in no way suggest that creators should not get paid and that everything is for free. "free" culture does NOT mean a "free" lunch, but a "free" society of "free" markets. the freedom to create, the freedom to get paid, and THEN the freedom for the creative work to join to public domain (after the author has died) and be FREE to us all.

lessig is certainly no radical - although i suppose for even raising some of these questions about the crackdown on p2p networks and the nature of intellectual property he will be branded one by the crazies dominating the current debate.

a free society, and indeed a free culture, is about asking tough questions, and that is what lessig is doing with this book.

highly recommended.

Bootlegging: Romanticism and Copyright in the Music Industry (Published in association with Theory, Culture & Society)

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Bootlegging: Romanticism and Copyright in the Music Industry (Published in association with Theory, Culture & Society)
Lee Marshall
Manufacturer: Sage Publications Ltd
ProductGroup: Book
Binding: Hardcover

Business | Music | Entertainment | Subjects | Books

General | Music | Entertainment | Subjects | Books

General | Intellectual Property | Law | Subjects | Books

Patent, Trademark & Copyright | Intellectual Property | Law | Subjects | Books

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All Titles | Qualifying Textbooks - Fall 2007 | Stores | Books
ASIN: 0761944907

Book Description

' Bootlegging is a smart, provocative and highly readable analysis of the high theory and low practices of music copyright and its transgressors. It is most refreshing to read a sociological analysis of a topic usually left to lawyers and industry apologists. An essential book for anyone who wants to understand the contemporary music industry'

Simon Frith - Professor of Film and Media Studies, University of Stirling.

Bootlegs - live concert recordings or studio outtakes reproduced without the permission of the rights holder - hold a prominent position in the pantheon of popular music. They are also much misrepresented and this fascinating book constitutes the first full length academic treatment of the subject.

By examining the centrality of Romantic authorship to both copyright and the music industry, the author highlights the mutual dependence of capitalism and Romanticism, which situates the individual as the key creative force while challenging the commodification of art and self.

Marshall reveals how the desire for bootlegs is driven by the same ideals of authenticity employed by the legitimate industry in its copyright rhetoric and practice and demonstrates how bootlegs exist as an antagonistic but necessary component of an industry that does much to prevent them.

Book Description

A great deal has been written on the theoretical aspects of copyright and the cultural industries but much less on the applied side - how copyright law works in practice. How do lawyers, firms and artists manage and administer copyright and what economic and legal problems does this raise? In recent times in particular, technological inventions appear to have outpaced the development of copyright law. This illuminating book addresses these issues and looks at the serious implications for copyright policy in the future.

Several of the authors question the efficacy of copyright, which is increasingly regarded as benefiting multinational organizations rather than individual authors and performers. Others are less critical of copyright per se, but question its ability to meet the new challenges of a digital era. Some of the specific issues covered include:

• law and international transactions of copyrighted material

• economic analysis of copyright and freedom of expression

• music licensing in the digital age

• the role of copyright in stimulating cultural development

• internet distribution of copyright material

• the problems of licensing museum images.

Customer Reviews:

How Copyright Law Really Works.......2004-12-17

In the field of political economy one looks at the real-world effects of laws and regulations, how they are applied, and who applies them. Here Ronald Bettig applies this type of analysis to the specific areas of copyright law and intellectual property, in which there is not just the letter of the law, but also the concentration of power and control that vested interests can achieve through the application of that law. The exercising of copyright law is usually accompanied by rhetoric about compensating the creators of original content. However, look closely and you'll find that legal actions are often enacted by large corporations, who have gained control of the copyrights for creative work, in order to preserve their own profitability. Another issue is the public domain and free marketplace of ideas that are guaranteed by the constitution, but are increasingly restricted by power grabs from corporations. For example, the amount of time before a copyrighted work enters the public domain has been miraculously increased by lawmakers every time Mickey Mouse was about to graduate from the clutches of Disney.

Bettig illustrates cases in cable television and home taping in which the media firms used heavy-handed applications of copyright law, as well as big-money lawyers, to control or crush technologies that might have damaged their profitability, all under facetious claims of protecting creativity. Through Bettig's specific focus on copyright law here, you will see how the letter of the law doesn't always come to pass when the two sides of a legal battle have vastly different amounts of money and political power. Also, watch for a future edition of this book in which Bettig could apply this analysis to the fascinating realm of music file sharing. After reading this edition you won't be surprised that downloading an MP3 file creates far deeper issues than a loss of a sale for a musical artist. [~doomsdayer520~]

Cautela ante las reformas del patrimonio: las rectificaciones del diputado priista Cr Camacho Quiroz a su iniciativa de reformas constitucionales sobre ... cultural.: An article from: Proceso

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Cautela ante las reformas del patrimonio: las rectificaciones del diputado priista Cr Camacho Quiroz a su iniciativa de reformas constitucionales sobre ... cultural.: An article from: Proceso
Judith Amador Tello
Manufacturer: Thomson Gale
ProductGroup: Book
Binding: Digital
ASIN: B000NUVXDA
Release Date: 2007-02-27

Book Description

This digital document is an article from Proceso, published by Thomson Gale on October 29, 2006. The length of the article is 2280 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

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Title: Cautela ante las reformas del patrimonio: las rectificaciones del diputado priista C

CleanFlicks v. Kate Winslet's breasts: how Hollywood won a legal battle while losing a cultural war.: An article from: Reason

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CleanFlicks v. Kate Winslet's breasts: how Hollywood won a legal battle while losing a cultural war.: An article from: Reason
Nick Gillespie
Manufacturer: Thomson Gale
ProductGroup: Book
Binding: Digital

General | Intellectual Property | Law | Subjects | Books
ASIN: B000N4SBC2
Release Date: 2007-07-11

Book Description

This digital document is an article from Reason, published by Thomson Gale on October 1, 2006. The length of the article is 809 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: CleanFlicks v. Kate Winslet's breasts: how Hollywood won a legal battle while losing a cultural war.
Author: Nick Gillespie
Publication: Reason (Magazine/Journal)
Date: October 1, 2006
Publisher: Thomson Gale
Volume: 38 Issue: 5 Page: 61(4)

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Cultural, pero no ciega.(TT: Cultural, but not blind.): An article from: Epoca

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Cultural, pero no ciega.(TT: Cultural, but not blind.): An article from: Epoca

Manufacturer: Difusora de Informacion Periodica, S.A. (DINPESA)
ProductGroup: Book
Binding: Digital
ASIN: B00098LBME
Release Date: 2005-07-28

Book Description

This digital document is an article from Epoca, published by Difusora de Informacion Periodica, S.A. (DINPESA) on June 29, 1998. The length of the article is 663 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Cultural, pero no ciega.(TT: Cultural, but not blind.)
Publication: Epoca (Magazine/Journal)
Date: June 29, 1998
Publisher: Difusora de Informacion Periodica, S.A. (DINPESA)
Page: 46(1)

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Intellectual property rights provide debate. (Music Biz 101).(concerns of powwow drum groups that their traditional songs not enter the public domain)(Brief Article): An article from: Wind Speaker

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Intellectual property rights provide debate. (Music Biz 101).(concerns of powwow drum groups that their traditional songs not enter the public domain)(Brief Article): An article from: Wind Speaker
Ann Brascoupe
Manufacturer: Aboriginal Multi-Media Society of Alberta (AMMSA)
ProductGroup: Book
Binding: Digital

General | Intellectual Property | Law | Subjects | Books

Book Description

This digital document is an article from Wind Speaker, published by Aboriginal Multi-Media Society of Alberta (AMMSA) on June 1, 2002. The length of the article is 750 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Intellectual property rights provide debate. (Music Biz 101).(concerns of powwow drum groups that their traditional songs not enter the public domain)(Brief Article)
Author: Ann Brascoupe
Publication: Wind Speaker (Newsletter)
Date: June 1, 2002
Publisher: Aboriginal Multi-Media Society of Alberta (AMMSA)
Volume: 20 Issue: 2 Page: 5(1)

Article Type: Brief Article

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Los descendientes de Víctor Hugo ante 'El Jorobado de Nuestra Señora de París': 'Saqueo comercial de un patrimonio cultural'. (Walt Disney omite el nombre ... of their movie): An article from: Proceso

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Los descendientes de Víctor Hugo ante 'El Jorobado de Nuestra Señora de París': 'Saqueo comercial de un patrimonio cultural'. (Walt Disney omite el nombre ... of their movie): An article from: Proceso
Anner Marie Mergier
Manufacturer: CISA Comunicacion e Informacion, S.A. de C.V.
ProductGroup: Book
Binding: Digital
ASIN: B00097L4B8
Release Date: 2005-07-28

Book Description

This digital document is an article from Proceso, published by CISA Comunicacion e Informacion, S.A. de C.V. on March 30, 1997. The length of the article is 2853 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Los descendientes de Víctor Hugo ante 'El Jorobado de Nuestra Señora de París': 'Saqueo comercial de un patrimonio cultural'. (Walt Disney omite el nombre de Víctor Hugo en los creditos de su película)(TT: Víctor Hugo's descendants, about the movie 'The Hunchback of Notre Dame:' 'commercial exploitation of a cultural heritage') (TA: Walt Disney omits the name of Víctor Hugo in the credits of their movie)
Author: Anner Marie Mergier
Publication: Proceso (Magazine/Journal)
Date: March 30, 1997
Publisher: CISA Comunicacion e Informacion, S.A. de C.V.
Issue: n1065 Page: p50(5)

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Protect your work. (Music Biz 101).(copyright)(Brief Article): An article from: Wind Speaker

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Protect your work. (Music Biz 101).(copyright)(Brief Article): An article from: Wind Speaker
Ann Brascoupe
Manufacturer: Aboriginal Multi-Media Society of Alberta (AMMSA)
ProductGroup: Book
Binding: Digital

General | Intellectual Property | Law | Subjects | Books

Book Description

This digital document is an article from Wind Speaker, published by Aboriginal Multi-Media Society of Alberta (AMMSA) on March 1, 2002. The length of the article is 849 words. The page length shown above is based on a typical 300-word page. The article is delivered in HTML format and is available in your Amazon.com Digital Locker immediately after purchase. You can view it with any web browser.

Citation Details
Title: Protect your work. (Music Biz 101).(copyright)(Brief Article)
Author: Ann Brascoupe
Publication: Wind Speaker (Newsletter)
Date: March 1, 2002
Publisher: Aboriginal Multi-Media Society of Alberta (AMMSA)
Volume: 19 Issue: 11 Page: 25(1)

Article Type: Brief Article

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Book Description

Though Japan has successfully competed with U.S. companies in the manufacturing and marketing of computer hardware, it has been less successful in developing computer programs. This book contains the first detailed analysis of how Japanese firms have tried to redress this imbalance by applying their skills in engineering and production management to software development. Cusumano focuses on the creation of "software factories" in which large numbers of people are engaged in developing software in cooperative ways--i.e. individual programs are not developed in isolation but rather utilize portions of other programs already developed whenever possible, and then yield usable portions for other programs being written. Devoting chapters to working methods at System Developing Corp., Hitachi, Toshiba, NEC, and Fujitsu, and including a comparison of Japanese and U.S. software factories, Cusumano's book will be important reading for all people involved in software and computer technology, as well as those interested in Japanese business and corporate culture.

Customer Reviews:

Ahead of his time.......2006-01-23

Both of the previous viewers cite Japan's lack of success in the commercial software business as evidence the methodologies here are inherently inferior to either US or Indian approaches. They're not.

In fact, the evidence provided in Cusumano's more recent book, The Business of Software suggests that these methods work very well indeed. In the study reported in that book, Japanese development firms outperform US and Indian firms significantly on productivity and by an enormous margin on quality. I would suggest that this is a direct result of the programs described in this book and the gradual, but continuous improvements they produced.

Japan hasn't fared as well as the US in software products or as well as India in outsourcing, but that has more to do with other factors than with the methods described here. If Japan had India's labor rates, they could compete very well indeed in outsourcing. If they had America's entrepreneurial environment, venture capital community, educational system, language (English) and the world's largest domestic market, they might have done better in software products. As it is, comparing Hitachi's success in the software industry to, say Netscape's, is misleading. Compare them instead to GE, Xerox, HP, etc., none of whom made a dent in the software industry either. Large corporations, almost universally, move too slow to capture an emerging software market.

One final note, these methods are NOT appropriate for a software startup, but as the software industry continues to mature, values such as productivity and quality will become increasingly important and Japan's software factories can deliver those qualities in spades. In that environment, methods geared to fast moving markets may put you at a disadvantage.

I would give this book five stars if it were more current.

Software factories now in India?.......2004-04-08

The explanation for what happened to Japanese software factories is in Cusumano's latest book, The Business of Software, which is a more valuable read. The Japanese factories tried to solve the problem of efficiently building custom systems for Japanese customers using mainframes. Cusumano still argues that the factory approach worked well for mainframe software but Japanese programmers didn't have the skills to shift to newer platforms (PCs, workstations). I think the author over-estimated what the Japanese would be able to do. The Japanese are still struggling with old-style development techniques, despite close to zero-bugs, according to recent data from Cusumano. The Indians adopted similar practices (standard dev techniques, reuse, statistical data) but with much better trained people, more adaptable processes, and have been able to handle a wide variety of systems requirements and technologies. I still find Japan's Software Factories a useful look at how Japanese and some U.S. companies made progress in software engineering, particularly their approach to quality control and testing, and reuse. The Indians have gone a step beyond Japan, but they had to start somewhere.

Cusumano's initial misconceptions about software.......1999-10-08

This is one of the earliest in a series of books that Cusumano has written on software technology. In this book he cries "Wolf!": the Japanese are so much better at industrial strength software development than Americans, they have a "software factory", etc., etc.

In his subsequent books, especially those on Microsoft and Netscape, Cusumano slowly discovers that the traditional software development process, requirements/specifications/code, etc., e.g. the waterfall model, is *NOT* the model adopted by successful software companies (and, indeed, not the model adopted by many hardware companies). He learns that designs are not something to be churned out by a factory - indeed, if they can be churned out, then they should be reusing exactly the same software.

In some ways the packaged software industry, e.g. Microsoft, supplanted the custom software industry in this timeframe, the time of the PC; Microsoft's process, which Cusumano calls "synchronize and stabilize", may be considered to be JIT (Just In Time) software specification and development. Or, if not Just In Time, As Soon As Possible and No Earlier than Necessary.

While I cannot agree with the conclusions of this book, it is interesting to have on one's bookshelf, to see the evolution of the author's thought over time.

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Japan's Software Factories : A Challenge to U. S. Management
Michael A. Cusumano
Manufacturer: Oxford University Press, Incorporated
ProductGroup: Book
Binding: Hardcover
ASIN: B000OLSA3O

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Japan's Software Factories: A Challenge to U.S. Management
Michael A. Cusumano
Manufacturer: Oxford University Press
ProductGroup: Book
Binding: Paperback
ASIN: B000OK6F00

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