In the book Free Culture, Lawrence
Lessig discusses the effect that copyrighting has on creativity and cultural
production. He explains that in the good
old days there was a kind of uneasy balance between the rights of the creator
to protect their work and those of the public to experience it. People were more able to build upon the work
of others to create bigger and better things.
However with cases such as Eldred v. Ashcroft copyright protection can be extended far
longer than before. The case challenged the constitutionality of the 1998 Sonny Bono Copyright Term Extension
Act (CTEA). The act itself proposed
to extended the existing copyright terms of the Copyright Act of 1976 by 20
years. However, depending on the date
that the work was created it could be extended by 95 years, or the life of the
author plus 70 years. This would affected
both new and existing works. The Rehnquist
Court ruled 7-2 that the CTEA was constitutional. When this law first came out there were numerous
ways for the public to get around copyright laws. However now because technology has changed
the way we share information the effects of this law are much more prevalent. The book goes on to talk about the heavy
fines that are imposed on those who break the CTEA and download copyrighted
material. I tend to agree with Lessig on
this point, and many others, that the extent of the fines are absurd.
Because
copyright laws are becoming more and more stringent Lessig is concerned that
creativity will be stifled or at least people will not be able to use
technological advances to their full advantage when creating. And I think that he is probably right. I am not promoting the elimination of all
copyright laws, and of course neither is he, but I do think that everything is
a trade off. As a consumer, I would love
to rewind time to the days of downloading free music on Nabster and Kazza.
However as a wanta be author and someone who knows how little most people
actually make from their work, I enjoy the peace of mind that my work will not
be “stolen”. There has to be some level
of balance between having everything be public where the creator can make
little to no profit off of their work and having to pay exorbitant fees such as
for a 5 second clip of a popular TV show.
Lessig
offers several suggestions for how to create more balance between the public
and private domain such as shorter
copyright terms and registration requirements.
Personally, I tend to think that these are good ideas. If you create something and you want it
protected than great but if you don’t have it protected than it is free to
enter the public domain. I believe that
there is a fine line between using someone’s work as inspiration and stealing
it and that that line is difficult to define, although many have tried. But I agree that art, no matter the form, is
a culmination of many people’s works. We
build upon, change, and adapt to create something that is our own. Without the opportunity to access and learn
from the works of others, I think that creativity will indeed be hampered.





