Laws that choke creativity | Larry Lessig
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- Опубліковано 17 жов 2024
- 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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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...
I love the way he presents his ideas - simple and smart at the same time.
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.
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!
Lessig's work has greatly informed this thesis I'm writing on the disconnect between Copyright and social realities. Cheers!!
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.
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
Best TED talk in a while.
Elegant, clever, relevant.
This is probbly the best argument I have heard in my life, and I'm in second year of law school.
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.
easily my favorite presentation from TED or otherwise
wow that conclusion is absolutely fantastic
These words should be heard from tops of all the mountains in the world.
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.
You go dude. You said, so eloquently, what keeps me awake at night! THANKS
Lovely. These kinds of meetings shuld happen worldwide and be distributed through the mainstream media.
Amazing presentation. One of the best I've seen on Ted.
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.
The ability to think for yourself is more valuable than all of the gems in the world.
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
Absolutely, the best TED presentation to this day.
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 is the Best! BritishDominion of the USA Lionel & Diana. Midway through, How TRUE!
Saw Lessig speak in Bowling Green. He is a very good voice for digital media!
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 UA-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.
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
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
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
Thank you for posting this! I just had to make sure it wasn't already here before I posted it myself.
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.
Wow... Powerful stuff, core-truth and solid direction, it's NICE, very nice to see and hear.
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.
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 :-)
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.
highly polished talk, great structure
Raises some very good points for everyone to think about this video. Added to favourites.
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.
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.
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,,
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.
The balance is what we are already in.
That was a fantastic argument. A+
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.
I've started to address this with a blog, but the short answer is measurement. I believe we can measure damn near anything we can conceive of. It might take us a long time to measure the ludicrously abstract, but this is an area of expertise that scientists excel at. You might even say that measurement was a big part of inspiring science. If we want a fair world, shouldn't we begin by quantifying exactly how, where, and why it is unfair now? That's pretty much all I'm saying.
Very interesting and gave me a lot to think about as I myself navigate this world of new media. Thanks.
the speach is great,just watch it on TED,and want to find it on youtube,and,,there it is.
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).
Thanx for sharing this. An excellent perspective!
This is so cleverly funny witth an undeniable message that good business alwAys makes sense.
this was a very well planned out video. great balance on seriousness and comedy. more youtube viewers need to watch this :)
He's not talking about giving it away for free. What he says is that if you have it, which means you bought it, you get the right to play with it. Once you've done that, it means you created something unique yourself. He wants the liberty for that, and the liberty of that 'artist' to show that piece to whomever he or she wants.
What he really wants is to find that balance and avoid the opposite extremes he talks about.
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 :)
sadly 3 years later and this is still relevant! I really wish more artists would embrace creative commons.
You're very eloquent in your writing. I like that.
@Hufflewaffle
As Death says, it isn't about bringing people together in a physical sense, it's more about bringing people together in both a societal and emotional bond. Instead of singing songs on the porch you're talking to your friend saying, "Hey man you totally need to check this video out." I agree with your point that social interaction/contact is being ignored, however it is impossible to ignore the impact upon our society that such content has created.
he says it like it is. well said.
I listened to this with DJ Tiësto in the background. It was trippy man. Real, real trippy.
Tone deafness is a term that tends to be applied to a constellation of music processing, perceptual, and production deficits. Tone deafness does not refer to a difficulty with the ears, but to a lack of training. Tone-deaf singers frequently have severe constrictions around their vocal chords. Normally, they have had tension in this region for such a long time that they no longer notice it.
Wow, amazing lecture.
@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.
Nobody is disputing your right to credit for your bright ideas - in fact, everyone should be given due credit. If we are to stifle that right, we can stifle innovation and creativity. But on the same token, what good is your creativity if you keep it under lock and key, and cripple the way others can build upon it with their own innovation? This is what copyright laws and patent laws currently try to do - they restrict creativity and innovation, which ultimately doesn't benefit anyone.
the idea is that you would have that right too.
And it's not stealing, you're not being deprived of something you already have. It's not even a lost sale, because the person wouldn't necessarily have bought your album in the first place. It's a lost sale at worst and is more often than not free exposure.
Maybe if the music industry stopped suing their customers and actually offered something people wanted to buy, we wouldn't be in this mess
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.
This man speaks the truth!
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
ted talks loves the topic of creativity!
Great discussion.
those videos are BRILLIANT!
the jesus I survive snippet is brilliant! i especially like the ending.
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.
@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
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.
..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.
What a beautiful lecture! We must all heed his words... this will be the revolution of our time by re-awkening what it is to be a human being.
I hope so. But better sooner than later. I'm hoping to make some good progress towards this myself.
Some sense on copyright at last!
Well done!
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
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.
Lessig explains is very well. I think there is a real problem, especially in the USA, but also over here in the EU on the validity of democracy. It's worse in the US two party system, because it doesn't allow a group like the Pirate Party to exist and gain seats.
The Pirate Party shouldn't exist, but it's a cry for help by the younger generations who are now active voters in larger and larger numbers. Copyright should not need to be a generation fight if our democracies worked better.
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.
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
this video MUST be featured
best conclusion EVER
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.
I'm a little late to the party, but artists hardly profit from selling their CD (unless they sell millions upon millions of them). The most they get from that (again, usually) is publicity (which is also what they get from piracy, only without having to deal with record labels). Most money comes from concerts, merchandise, etc., and you can't pirate those things. This only sometimes works with the film industry, since a lot of sales come through the theatre...
Absolutely amazing!
...And second, we need the businesses that are building out this read-write culture to embrace this opportunity expressly-- to enable it. So that this ecology of free content or freer content can grow on a neutral platform where they both exist simultaneously. So that more free can compete with less free. And the opportunity to develop the creativity in that competition can teach one the lessons of the other.
Amazing argument!
Yes. And if this were any other industry, the promoters - in this case, publishers and labels - would be working for the artists, not the other way around. Copyright has set up this weird hierarchy where a business (artists' services) ends up being employed by advertisers.
Also, it is hard to compete in the creative industry without giving up your copyrights to a higher business - the only other option is to self publish, which is an unfair burden. By definition, these are unfair conditions.
I really wish this existed in higher resolution.
On ted website.
Completely agree with this guy.
+ 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.
Well-said, well-said
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.
glad to see an amv in a tedtalk video
1.Take your own advice. Tesla's wireless transmission plans were based on physics that have been disproved. The Wardenclyffe tower would not transmit power more than a few hundred yards, and each one would require a source of power orders of magnitude larger than our grid system to even do that much.
2. AC power is sinusoidal, meaning the average current and voltage as a function of time is 0. DC power has a constant steady state, but can't be transmitted very far due to parasitic resistance.
The problem is, that most people actually do not try to. It is not about the money thought, if we start to get deeper into this subject, we might see that progress as fenomena has changing its face into some other unknown form of materia.
I used to pirate things quite a bit as a kid, because it is just so easy.
Now I work for a company that makes games that people can pirate and I find myself staying away from it. However, the securities that people take to stop pirating is getting absolutely ridiculous. To the point at which it alters the product in a bad way.
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.