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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. If the only way a library can offer an Internet exhibit about the New Deal is to hire a lawyer to clear the rights to every image and sound, then the copyright system is burdening creativity in a way that has never been seen before because there are no formalities.

 

Lawrence Lessig

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I would dramatically reduce the safeguards for software — from the ordinary term of 95 years to an initial term of 5 years, renewable once. And I would extend that government-backed protection only if the author submitted a duplicate of the source code to be held in escrow while the work was protected. Once the copyright expired, that escrowed version would be publicly available from the copyright office.
Most programmers should like this change. No code lives for 10 years, and getting access to the source code of even orphaned software projects would benefit all. More important, it would unlock the knowledge built into this protected code for others to build upon as they see fit. Software would thus be like every other creative work — open for others to see and to learn from.

 

Lawrence Lessig

 

I have very mixed feelings about [Napster]. On one hand, I'm concerned that the rampant downloading of my copyright-protected material over the Internet is severely eating into my album sales and having a decidedly adverse effect on my career. On the other hand, I can get all the Metallica songs I want for FREE! WOW!!!!!

 

Weird Al Yankovic

 

Chris Matthews: Let me ask you this: the '64 civil rights bill. Do you think a [em]ployer, a guy runs his shop down in Texas has a right to say, "If you're black, you don't come in my store". That was the libertarian right before '64. Was it the balanced society?
Ron Paul: I believe that property rights should be protected. Your right to be on TV is protected by property rights because somebody owns that station. I can't walk into your station. So right of freedom of speech is protected by property. The right of your church is protected by property. So people should honor and protect it. This gimmick, Chris, it's off the wall when you say I'm for property rights and states' rights, therefore I'm a racist. I mean that's just outlandish. Wait, Chris. Wait, Chris. People who say that if the law was there and you could do that, who's going to do it? What idiot would do that?
Chris Matthews: Everybody in the South. I saw these signs driving through the South in college. Of course they did it. You remember them doing it.
Ron Paul: Yeah, I but also know that the Jim Crow laws were illegal and we got rid of them under that same law, and that's all good. Government —
Chris Matthews: But you would've voted against that law.
Ron Paul: Pardon me?
Chris Matthews: You would've voted against that law. You wouldn't have voted for the '64 civil rights bill.
Ron Paul: Yes, but not in — I wouldn’t vote against getting rid of the Jim Crow laws.
Chris Matthews: But you would have voted for the — you know you — oh, come on. Honestly, Congressman, you were not for the '64 civil rights bill.
Ron Paul: Because — because of the property rights element, not because it got rid of the Jim Crow law.

 

Ron Paul

 

Some people view the public domain with contempt. In their brief before the Supreme Court, the Nashville Songwriters Association wrote that the public domain is nothing more than "legal piracy." But it is not piracy when the law allows it; and in our constitutional system, our law requires it. Some may not like the Constitution's requirements, but that doesn't make the Constitution a pirate's charter.
As we've seen, our constitutional system requires limits on copyright as a way to assure that copyright holders do not too heavily influence the development and distribution of our culture. Yet, as Eric Eldred discovered, we have set up a system that assures that copyright terms will be repeatedly extended, and extended, and extended. We have created the perfect storm for the public domain. Copyrights have not expired, and will not expire, so long as Congress is free to be bought to extend them again.

 

Lawrence Lessig

 

Common sense is with the copyright warriors because the debate so far has been framed at the extremes — as a grand either/or: either property or anarchy, either total control or artists won't be paid. If that really is the choice, then the warriors should win.
The mistake here is the error of the excluded middle. There are extremes in this debate, but the extremes are not all that there is. There are those who believe in maximal copyright — "All Rights Reserved" — and those who reject copyright — "No Rights Reserved." The "All Rights Reserved" sorts believe that you should ask permission before you "use" a copyrighted work in any way. The "No Rights Reserved" sorts believe you should be able to do with content as you wish, regardless of whether you have permission or not. ... What's needed is a way to say something in the middle — neither "all rights reserved" nor "no rights reserved" but "some rights reserved" — and thus a way to respect copyrights but enable creators to free content as they see fit. In other words, we need a way to restore a set of freedoms that we could just take for granted before.

 

Lawrence Lessig