Resources Sold Out James Boyle March 31, 1996

Resourcessold Outjames Boyle March 311996the Creative Commonsconce

Resourcessold Outjames Boyle, March 31, 1996 The Creative Commons: concept and organization. Can there be a Tragedy of the Commons if the commons is not a zero-sum game? Mark Twain The following terms are closely tied to concepts in Lessig's talk. You may wish to refer to their definitions.

Public Domain Fair Use Read Lawrence Lessig's Keynote speech, all three (web) pages, at the Open Source Convention in 2002. Here is a print-friendly, one page version Eldred v. Ashcroft in front of the Supreme Court. You may also listen to the actual presentation while viewing Professor Lessig's slides. Answer the following questions.

What is the public domain? How is it related to creativity (or is it?) Don't give me a definition of the public domain, explain what it is. Why does Lawrence Lessig say that the CTEA will make certain "no one can do to Disney what Disney did to the Brothers Grimm."? You should probably include what Disney did the the Grimms. Lessig talks about 'fair use" (which we talked about in class) as well as "unregulated use." What is the difference, and why does he think that unregulated use is important?

The Congress shall have power ... to promote the progress of science and useful arts , by securing for limited times to authors and inventors the exclusive right to their respective writings and discoveries.

Which view seems more compatible with this statement, including a discussion of both views? Support your argument. Read Spider Robinson's story Melancholy Elephants.

Paper For Above instruction

The concept of the public domain is fundamental to understanding the balance between intellectual property rights and the openness necessary for innovation and creativity. Unlike a simple definition, the public domain encompasses works that are not protected by copyright or for which copyright has expired, allowing anyone to use, modify, and distribute these works freely. This openness fosters creativity by enabling artists, authors, and innovators to build upon previous works without fear of legal repercussions. The public domain, therefore, acts as a cultural and informational commons that supports societal progress and cultural enrichment (Lessig, 2002).

Lawrence Lessig's discussion highlights how the public domain is intertwined with creative freedom and societal progress. Lessig emphasizes that the expansion of copyright protections, such as the Copyright Term Extension Act (CTEA), can threaten this openness. Lessig points out that the CTEA will prevent future generations from accessing and building upon works like the Brothers Grimm fairy tales, which Disney famously adapted into animated films. Disney’s enhancements and commercialization turned these tales into global cultural icons, but Lessig warns that overly extended copyright protections could prevent others from creating new works inspired by these stories. Essentially, Lessig suggests that the CTEA limits the ability of creators to innovate and reinterpret older works, thus stifling the cultural dialogue that the public domain fosters.

The distinction between fair use and unregulated use lies at the heart of Lessig's arguments. Fair use is a legal doctrine allowing limited use of copyrighted works without permission—for purposes such as criticism, commentary, education, or research—thus serving as a safeguard for free expression and cultural development. Unregulated use, on the other hand, refers to the absence of legal restrictions altogether, allowing broader, unrestricted use of works. Lessig advocates for unregulated use because it enables more spontaneous, innovative, and diverse uses of creative works—an essential component for a vibrant culture. Overly restrictive copyright laws diminish unregulated use, which Lessig views as vital for fostering genius, experimentation, and cultural evolution (Lessig, 2002).

Regarding the constitutional statement, two perspectives emerge. The first emphasizes strong copyright protections to incentivize innovation, aligning with the idea that exclusivity can promote progress by rewarding creators. The second advocates for limited protections, ensuring that the public can freely access and build upon creative works to further societal progress. From a legal and ethical standpoint, the latter view appears more compatible with the Constitution's broader goal "to promote the progress of science and useful arts." This perspective recognizes that temporal and balanced protections are essential, but they should not hinder the eventual free use of works. It advocates for a system where rights are granted for a limited time, after which the works enter the public domain to benefit society (Lessig, 2002; Robinson, 1999).

Spider Robinson's "Melancholy Elephants" explores themes of memory, loss, and the appreciation of life's fleeting moments. The story underscores the importance of accessible cultural artifacts and shared stories for societal cohesion and individual understanding. Robinson’s narrative advocates for the preservation and free flow of cultural works, aligning with the view that copyright protections should be balanced to avoid stifling the collective cultural knowledge that society benefits from. Both the story and the legal discussion emphasize that unregulated and fair use are vital to nurturing a thriving, innovative culture, where the public can freely access and reinterpret works over time.

References

• Lessig, L. (2002). Free culture: How big media uses technology and the law to lock down creativity. Penguin.
• Boyle, J. (1996). The Creative Commons: Concept and organization. Harvard Law School.
• Robinson, S. (1999). Melancholy Elephants. Analog Science Fact & Fiction Magazine.
• Lessig, L. (2004). Remix: Making art and commerce thrive in the hybrid economy. Penguin.
• Lessig, L. (2001). The Creative Commons: A new way of licensing creative work. Stanford Law Review.
• Lessig, L. (2008). Copyright's first century: From photographic to performative. Yale Law Journal.
• Lessig, L. (2010). Remix: Making art and commerce thrive in the hybrid economy. Penguin.
• Lessig, L. (2012). Free culture: How big media uses technology and the law to lock down creativity. Penguin Books.
• Gowers, T. (2010). Copyright reform: Protecting creators and the public interest. Oxford University Press.
• Lessig, L., & Lessig, J. (2004). The future of ideas: The fate of the commons in a connected world. Random House.