Laws that choke creativity | Larry Lessig
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- เผยแพร่เมื่อ 14 พ.ย. 2007
- www.ted.com Larry Lessig, the Nets most celebrated lawyer, cites John Philip Sousa, celestial copyrights and the "ASCAP cartel" in his argument for reviving our creative culture.
TEDTalks is a daily video podcast of the best talks and performances from the TED Conference, where the world's leading thinkers and doers are invited to give the talk of their lives in 18 minutes -- including speakers such as Jill Bolte Taylor, Sir Ken Robinson, Hans Rosling, Al Gore and Arthur Benjamin. TED stands for Technology, Entertainment, and Design, and TEDTalks cover these topics as well as science, business, politics and the arts. Watch the Top 10 TEDTalks on TED.com, at
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I love the way he presents his ideas - simple and smart at the same time.
Amazing speech, very moving and well spoken.
Born with prohibitions, so true, I never realized the intense limits we face. I knew they were bad but not this bad...
Lower the volume on the intro.. My god. RIP to all earphone users
ikr.. every single video.
"Welcome to TED talks... Where we bang your eardrums violently with sound at the start of every damn video."
it was loud
Best TED talk ever. It addresses Technology itself, and a significant part of it's usage. It probes the very heart of Entertainment. And it relates to a great deal that's on the cutting edge in Design.
For me personally, it addresses the important issue of CONTROL. As ever more people do ever more things of all sorts, there's a reflex for ever more CONTROL. We must greatly mitigate efforts at CONTROL.
00:26 History of trespass laws (and the challenge of aeroplanes)
04:20 Business model of the music industry (and the challenge of broadcasting technology)
07:29 The internet as a potential medium for remixing
12:01 Is remixing piracy?
15:26 The Economy of Influence and the limitations of policy makers
17:20 The artist's choice and our future generations
Amazing presentation. One of the best I've seen on Ted.
Larry Lessig makes his points well, in a presentation that on both content and style would be hard to beat. An object lesson in the 'craft' of Public Address. Bravo! Full Marks!
Best TED talk in a while.
Elegant, clever, relevant.
Thank you for posting this! I just had to make sure it wasn't already here before I posted it myself.
Excellent! 5 stars and added to favorites!
I wonder, however, if the computer and internet technologies that are giving ordinary people back their cultural voices can help give ordinary people back their political voice as well. If the power of the internet can be used to rally political support for anything, it should be for internet rights, including fair use.
Thx 4 uploading this great video :-)
You go dude. You said, so eloquently, what keeps me awake at night! THANKS
Lessig's work has greatly informed this thesis I'm writing on the disconnect between Copyright and social realities. Cheers!!
easily my favorite presentation from TED or otherwise
This is probbly the best argument I have heard in my life, and I'm in second year of law school.
Absolutely, the best TED presentation to this day.
Very interesting and gave me a lot to think about as I myself navigate this world of new media. Thanks.
This, as an issue, is very close to my heart. I dread the possibility that the stuff I do will be noticed, as I crave that it will be seen.
I really appreciate the work that people like Steve Jobs, at Icompositions does to allow the creative artist the ability to collaborate.
I remember writing a post on a youtube video about politics and gun control. I thought it was a really good post, kinda poetic in a way. That pointed out a lot of peoples hypocrisy and bias on the issue.
It got a lot of thumbs ups was rather proud of it. Two years later see the same exact post, posted by someone else on a video about the same issue. Had over a 150 thumbs ups.
In a way I was really happy my idea was getting noticed by so many... but I lost any credit for it.
i love how you said it, perfect.
i myself am a musician/artist, and i personally would hella agree & even very happy were my music compositions was being "remixed" by some TH-camrs.
as tickingclock said correctly, view this positively as a "free publicity" for your music/art. it's brilliant: creative people helping other creative people.
instead of "big" business-people stifling creative-people.
Wow... Powerful stuff, core-truth and solid direction, it's NICE, very nice to see and hear.
Lovely. These kinds of meetings shuld happen worldwide and be distributed through the mainstream media.
this was a very well planned out video. great balance on seriousness and comedy. more youtube viewers need to watch this :)
wow that conclusion is absolutely fantastic
Creativity is dangerous. If we never wonder how or why, then we are much easier controlled.
"All this machinery
Making modern music
Can still be open-hearted
Not so coldly charted
Its really just a question
Of your honesty" - from Spirit of Radio by Rush
Wow, amazing lecture.
Thanx for sharing this. An excellent perspective!
This is the Fourth Speak I listen to. Up to now, I like them all. Excellent idea to do such important events like these.
Greetings From Peru
German Huamancaja Reyes
wow!
I wish it were easier to consume ethically. I don't want to steal from anyone, nor do I want to put up with something clearly ridiculous. It's getting harder and harder to satisfy both of these desires.
+weesh ful Well pirating isn't "stealing" it&'s illegally copying and sharing it to others. Now whether or not sharing should be illegal or to what extent it should be illegal is the question.
Kinda weird how an artist deserves to have his works monopolized for his entire life plus 80 years. Also extra weird when it was originally supposed to be only 20 years (flat) and that was in the age when it was hard to distribute media and ideas and that length of time would be necessary.
1º Creative Common Comment (CCC)
This comment is free to use everywhere and the way you want :)
+Edi Ferreira 1º Creative Common Comment (CCC)
use This comment everywhere you want and to free is the way :)
That was a fantastic argument. A+
sadly 3 years later and this is still relevant! I really wish more artists would embrace creative commons.
Very, very senseful talking. I like him persuing a balance rather than reacting against what he sees wrong in copyright laws.
16:11 ...we need is two types of changes.
First, that artists and creators embrace the idea-- CHOOSE, that their work be made available more freely.
It is his style. Just like a musician or a writer, a presenter needs a style and that is his. The pictures with the black and white background and text.
I personally felt like it was a bit too much, but I still observed his presentation to help me create my own style. You may not like everything a musician does, but it does not detour from the fact that they are a good musician.
Larry Lessig is an excellent presenter.
Absolutely amazing!
hi, i'm a part-time musician from indonesia.
and i just love what you said.. and i'll message you shortly after this.
thanks.
This is so cleverly funny witth an undeniable message that good business alwAys makes sense.
Some sense on copyright at last!
Well done!
Spot on observation Clankdank. This is how young Vladimir came to power. He slowly gained control of all art and media such as it was at the time. Anyone who opposed him and his régime dissapeared.
Raises some very good points for everyone to think about this video. Added to favourites.
Saw Lessig speak in Bowling Green. He is a very good voice for digital media!
this is a great talk although i wish he had gone into more detail on how the law could change to accomodate these new uses of copyrighted material.
You're very eloquent in your writing. I like that.
the jesus I survive snippet is brilliant! i especially like the ending.
Amazing argument!
highly polished talk, great structure
wow, i never thought i'd ever hear someone say "think of this childrunnn" in the context of this issue.
good show!
I make digital music and grew up since I was 15 doing such. I am never sure how much I'm breaking the law by being creative. sampling and resampling and remixing. I wholeheartedly agree with this lecture that the cc laws prohibiting the remaking of music should be retracted and reconstructed to fit within the realms of the current art forms. Legalize creativity!!! ;0
What is the song playing that sounds like "phenomina" in the AMV?
those videos are BRILLIANT!
I think he may have overestimated that all 'kids' want to remix existing material. As a 'kid' I guess I can say that. But what's really good about this speech is that he addresses the way in which all of these websites are such amazing resources because they allow anybody to contribute to culture and youth culture - by boradcasting videos on youtube, or a creating myspace page, or blog. Awesome.
glad to see an amv in a tedtalk video
Great discussion.
awesome! you just solved my photo project problem! thanks!
This man speaks the truth!
95% of what is deemed 'piracy' has nothing to do with that sort of hypothetical situation. Simply record labels , film studios, and others who 'copyright' material need to think of new ways to protect and profit from their media. Sharing stuff online is not going to end, the industry needs to change. It is really a blessing to have so many people advertising and promoting your art, there just needs to be a system to make it profitable for everyone,especially the artist.
Alex Regalbuto I make digital music and grew up since I was 15 doing such. I am never sure how much I'm breaking the law by being creative. sampling and resampling and remixing. I wholeheartedly agree with this lecture that the cc laws prohibiting the remaking of music should be retracted and reconstructed to fit within the realms of the current art forms. Legalize creativity!!! ;0 reuse, recycle, renew
very insightful and so true, its easy to forget jus how extreme both sides are becoming, as he said, we have the pirates, who, due to their activities being against the law will go even deeper into the depths of piracy, and the government, who really are taking every step they can to ensure its all about money, nothing can be copied because the original artist may lose out on some money and not be payed royalties
great talk, great ideals
But in internet land you can't set a line between amateur and professional use. Amateur use can become commercial use overnight. Like the Red Lobster employee that became the owner of the entire "Grumpy Cat" line after her friend posted a picture of her cat.
These words should be heard from tops of all the mountains in the world.
The ability to think for yourself is more valuable than all of the gems in the world.
this guy predicted memes
Shawn Yama this guys trying to save memes
Anyone know what the anime in the first remix was called?
with regards to creators income, there are many ways that can be accomplished:
self-promotion (which leads to being hired to make requested works, live performances), advertisements/sponsorships, kickstarters style fundings, donations.
+ BTW at least with me I noticed CCL works I like generally more, especially in music, but also in short movies. maybe it's the creators general stance towards their own work that affects and transpires-into their work; as in: they are less possessive of their work, more sharing, and that attitude affects their work positively.
Got a few points, so my statement may span a couple comments:
1) The 'AMV' shown (it could be anything, really) -is- a creative work, as it's an audiovisual collage, albeit a rudimentary one. Mash-ups and (limited) sampling are much the same.
2) I feel the speaker is incorrect in that there is a main 'bad guy' as it relates to copyright law:
none other than Walt Disney. Every time the first Mickey Mouse cartoon nears Public Domain, another copyright term extension is passed.
Oh, my God. I'm still laughing about that "I Will Survive" video!
Also...I love your profile image. :) I love interesting color schemes and magenta/black/cyan definitely has an interesting feel to it. :)
I wish the MPIAA execs would see this... the man speaks the truth. It was always my belief that whoever comes up with a platform that strikes the right balance in monetizing and creative freedom is sitting on a goldmine. iTunes was a step in the right direction but there is still much to be done.
The open forum for creativity is something that any artist would support. The idea of someone re-using my work is flattering. However, There is a dark side. This creativity, this work, is how I make my living. Owning the rights to my work is how I feed myself. I believe that there needs to be a "meta-data" that is traceable online. A way for everyone to follow the paper trail and see who all was involved. Give credit where due. We need to learn how to share with reciprocation..
ted talks loves the topic of creativity!
This is interesting b/c I choose not to do covers due to copyright laws and it's good b/c it forces me to dig deeper to create original material. However, at the same time, you feel limited that you can't take a piece of work and showcase your art through it. As an artist, I don't know how I would feel if someone chose to take my instrumentals and use for their gain tho so it's a tough one. I understand what it is to pour your heart and soul into a song. It can be one's baby; one's hard work.
@rycka1983 and in the case of Megaupload for example they cant be held accountable for the sharing either, because they were not selling you the files shared in the website they sold you a faster download and upload of the files by giving you more space in their servers.
people were the ones who uploaded the content not the site owners, it is the same as youtube.
and they of course were not saying that the movies shared were theirs so…
no real piracy nor plagiarism on that case.
TED is the Best! BritishDominion of the USA Lionel & Diana. Midway through, How TRUE!
You need to look at something like the Radiohead album In Rainbows. The band originally released it on their website with a price tag decided by the consumer; it could be anything from 1p to £1000. The vast majority of people, however, paid around £7, a fair price for an album. tickingclocks48 is right, as people will still buy the work even if it's freely available, and the artist should also be constantly reminded that they're not supposed to be in it for the money.
One of the best talks. He's really on point when he's talking about the state of the world. This is NWO resistance without all the hype.
he says it like it is. well said.
the speach is great,just watch it on TED,and want to find it on youtube,and,,there it is.
I really wish this existed in higher resolution.
On ted website.
This was awesome.
The balance is what we are already in.
I absolutely agree with mister Lessig. That speech reminded me of Cory Doctorow books, he fokuses in them on similar topics(and many more). If you haven't did that yet, read Doctorow's book "Little brother" (google it its for free as an ebook) it's awesome and will blow your mind.(especialy if you live in US or EU).
best conclusion EVER
Well said man/gal!
The only thing i'm against is pure piracy where one replicates an orginal (without remixing) and sells it for money. I don't think we will ever be able to battle that kind of piracy.
..profitability went up as a result. Unfortunately, the interplay of cost cutting eventually levels off, while the expectation of rising profitability does not, and so prices of the final product must rise to meet expectations. This leads to an unsustainable trend as the consumer bases purchasing power can not raise in per-portion to expectation. To prolong growth the consumer base must be expanded without loosing to much control over distribution. But the internet's expanded beyond con.
@jtropeano it's not really about anarchy, it's about redefining who can own what, and what others may or may not do with that
I listened to this with DJ Tiësto in the background. It was trippy man. Real, real trippy.
mind blowing!
I hope so. But better sooner than later. I'm hoping to make some good progress towards this myself.
I agree 100%.
agreed lateblossom - it is so sad to try to explain to a 12 & 13 year old girl why TH-cam blocks the horse riding video she has just made (her own content) and spent 3 hours syncing with and mixing to a track from her latest PussyCat Dolls album because UMC holds the copyright to the audio she has chosen.
Only point I'd make regarding your comment that it's probably not the artists - but the mega corporations who own that artists copyright that are concerned.
Awesome!
it's not about expecting people to work for free. it's about allowing those who wish to express their ideas and innovations freely (and for free) do so without restriction. however, although we are legally allowed to satire, spoof and parody, copyright law restricts and deters serious "remixing" of intellectual property. it has always been the case that people take old ideas and improve upon them, that is how innovation comes about. if we amputate creativity with the law, we only hurt ourselves.
communication evolves with the development of technology. Before there was print, the masses were illiterate. New media, I think you'll agree, can be used as a language in its own right. If you found the imagery distracting you can look away, however if you were hard of hearing, perhaps it would provide more benefit?
I think it help pronounce key points of the lecture and helped the viewer to structure it in their mind.
peace ,v,,
Well-said, well-said
The last extension law passed came in 1998, derisively (but CORRECTLY) dubbed the Mickey Mouse Protection Act. It extended the term of copyright ownership to:
Life of Author plus -70 years-, for an individual, or
120 years from creation, OR
95 years from first publication, in the case of corporate authorship.
Now, Steamboat Willie, as we know, was released in 1928. This means it (and maybe the character himself) will enter the public domain in 2023. I say watch for another bill soon.
Tell me, as a person who is learning to create video games where does the creativity end while copyright stays intact. Nearly everything has been designed, nearly everything has been thought of, nearly every angle exposed. Constantly the art in this media depicts architecture made by somebody just put in a digital style, historic and fantasy events are put in a way that people can experience, and methods or approaches to content are used and then re-used. Copyright is what is stifling creativity
i love TED vids. What's TED actually? i mean, what does the acronym stand for?
The problem that Larry describes - of "making people's behaviour illegal" - is one that I don't believe exists. He says it's corrosive to have our children grow up in a world where their "remixing" of existing works is seen as illegal by default. I disagree. I think it's an issue that barely exists in the scheme of things. The solution he proposes is one that already exists. If people want to create work to be used freely, they can. Ultimately Larry's message undermines the value of creators.