"Of all the creative work produced by humans anywhere, a tiny fraction has continuing commercial value. For that tiny fraction, the copyright is a crucially important legal device"
About this Quote
Lessig’s move here is to deflate the romantic myth that copyright is a blanket patron saint of “creativity.” He starts with an unflashy economic reality: most cultural production doesn’t keep earning. The vast majority of songs, books, photographs, posts, and films fade into obscurity or circulate with no meaningful market at all. That “tiny fraction” is doing a lot of work: it shrinks the universe of works where copyright functions as a revenue engine, and quietly suggests that we’ve built an enormous legal machine to protect a comparatively small pile of ongoing profit.
The subtext is sharper. If only a sliver of work has enduring commercial value, then copyright’s most aggressive expansions (longer terms, stronger enforcement, harsher penalties, automated takedowns) are not primarily about incentivizing creation across the board. They’re about controlling the long tail of lucrative catalog: backlists, franchises, recordings, and brands that can be endlessly repackaged. In that light, the “crucially important legal device” isn’t a moral right so much as an industrial tool, optimizing ownership and bargaining power for the rare work that keeps paying.
Context matters: Lessig is writing from the late-20th/early-21st-century collision between legacy copyright and the internet’s frictionless copying. His argument isn’t anti-copyright; it’s a narrowing of its justification. Copyright is indispensable for the hits, the evergreen titles, the Mickey Mouses. Treating it as the default governing logic for all culture, he implies, is how we end up with a permission culture that overpolices remix, archiving, education, and ordinary sharing to protect the few winners.
The subtext is sharper. If only a sliver of work has enduring commercial value, then copyright’s most aggressive expansions (longer terms, stronger enforcement, harsher penalties, automated takedowns) are not primarily about incentivizing creation across the board. They’re about controlling the long tail of lucrative catalog: backlists, franchises, recordings, and brands that can be endlessly repackaged. In that light, the “crucially important legal device” isn’t a moral right so much as an industrial tool, optimizing ownership and bargaining power for the rare work that keeps paying.
Context matters: Lessig is writing from the late-20th/early-21st-century collision between legacy copyright and the internet’s frictionless copying. His argument isn’t anti-copyright; it’s a narrowing of its justification. Copyright is indispensable for the hits, the evergreen titles, the Mickey Mouses. Treating it as the default governing logic for all culture, he implies, is how we end up with a permission culture that overpolices remix, archiving, education, and ordinary sharing to protect the few winners.
Quote Details
| Topic | Art |
|---|---|
| Source | Help us find the source |
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