"Now that copyrights can be just about a century long, the inability to know what is protected and what is not protected becomes a huge and obvious burden on the creative process"
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A century-long copyright turns culture into a legal minefield, and Lessig is deliberately making that feel as suffocating as it sounds. The line isn’t a neutral complaint about paperwork; it’s an accusation that modern copyright has drifted from a limited incentive system into an opaque, quasi-permanent enclosure of the past. By stressing “just about a century,” he cues the reader to notice the absurdity: the law is now operating on time scales that are basically irrelevant to the working life of most creators but extremely relevant to corporate catalog management.
The sharpest move is his focus on “inability to know.” Lessig’s target isn’t only long terms; it’s the informational collapse they produce. When rights stretch across generations, ownership fragments, companies merge, estates vanish, and record-keeping fails. The result is “orphan works” and a background fog of uncertainty where creators can’t reliably clear rights even when they want to. That uncertainty becomes a veto power: not necessarily exercised in court, but felt in the studio, the edit bay, the classroom, the publisher’s legal review. It chills experimentation because the risk is unbounded while the cultural payoff is speculative.
Context matters: Lessig’s career has been a sustained argument that digital creativity is inherently recombinant, built on quoting, sampling, and transforming existing material. In that ecosystem, unclear protection is not a minor friction; it’s a structural tax on speech and innovation, quietly steering culture toward what’s safely licensed, not what’s artistically necessary.
The sharpest move is his focus on “inability to know.” Lessig’s target isn’t only long terms; it’s the informational collapse they produce. When rights stretch across generations, ownership fragments, companies merge, estates vanish, and record-keeping fails. The result is “orphan works” and a background fog of uncertainty where creators can’t reliably clear rights even when they want to. That uncertainty becomes a veto power: not necessarily exercised in court, but felt in the studio, the edit bay, the classroom, the publisher’s legal review. It chills experimentation because the risk is unbounded while the cultural payoff is speculative.
Context matters: Lessig’s career has been a sustained argument that digital creativity is inherently recombinant, built on quoting, sampling, and transforming existing material. In that ecosystem, unclear protection is not a minor friction; it’s a structural tax on speech and innovation, quietly steering culture toward what’s safely licensed, not what’s artistically necessary.
Quote Details
| Topic | Art |
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