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Does this concentration matter? Will it affect what is made, or what is distributed? Or is it merely a more efficient way to produce and distribute content? My view was that concentration wouldn’t matter. I thought it was nothing more than a more efficient financial structure. But now, after reading and listening to a barrage of creators try to convince me to the contrary, I am beginning to change my mind. Here’s a representative story that begins to suggest how this integration may matter. In 1969, Norman Lear created a pilot for All in the Family. He took the pilot to ABC. The network didn’t like it. It was too edgy, they told Lear. Make it again. Lear made a second pilot, more edgy than the first. ABC was exasperated. You’re missing the point, they told Lear. We wanted less edgy, not more. Rather than comply, Lear simply took the show elsewhere. CBS was happy to have the series; ABC could not stop Lear from walking. The copyrights that Lear held assured an independence from network control. 29 164 <strong>FREE</strong> <strong>CULTURE</strong>
The network did not control those copyrights because the law forbade the networks from controlling the content they syndicated. The law required a separation between the networks and the content producers; that separation would guarantee Lear freedom. And as late as 1992, because of these rules, the vast majority of prime time television—75 percent of it—was “independent” of the networks. In 1994, the FCC abandoned the rules that required this independence. After that change, the networks quickly changed the balance. In 1985, there were twenty-five independent television production studios; in 2002, only five independent television studios remained. “In 1992, only 15 percent of new series were produced for a network by a company it controlled. Last year, the percentage of shows produced by controlled companies more than quintupled to 77 percent.” “In 1992, 16 new series were produced independently of conglomerate control, last year there was one.” 30 In 2002, 75 percent of prime time television was owned by the networks that ran it. “In the ten-year period between 1992 and 2002, the number of prime time television hours per week produced by network studios increased over 200%, whereas the number of prime time television hours per week produced by independent studios decreased 63%.” 31 Today, another Norman Lear with another All in the Family would find that he had the choice either to make the show less edgy or to be fired: The content of any show developed for a network is increasingly owned by the network. While the number of channels has increased dramatically, the ownership of those channels has narrowed to an ever smaller and smaller few. As Barry Diller said to Bill Moyers, Well, if you have companies that produce, that finance, that air on their channel and then distribute worldwide everything that goes through their controlled distribution system, then what you get is fewer and fewer actual voices participating in the process. [We u]sed to have dozens and dozens of thriving independent produc- “PROPERTY” 165
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This PDF version of Free Culture is
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ALSO BY LAWRENCE LESSIG The Future
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FREE CULTURE HOW BIG MEDIA USES TEC
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To Eric Eldred—whose work first d
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“PROPERTY” 81 CHAPTER SIX: Foun
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PREFACE At the end of his review of
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tween liberal Olympia Snowe and con
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FREE CULTURE
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lowed to enter into an exclusive li
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On the day after Christmas, 1933, f
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The series of body blows that FM ra
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street corners telling stories that
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Internet seem remote to most. To th
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the lucky Wright brothers, the Inte
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“PIRACY”
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This efficiency does not respect th
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e seeing, as Richard Florida writes
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The boys worked from a music and so
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(1955), Mulan (1998), Sleeping Beau
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significantly. A doujinshi comic ca
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e richer if doujinshi artists were
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The hard question is therefore not
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Eastman, himself an amateur photogr
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Mickey, so, too, should these photo
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“Media literacy,” as Dave Yanof
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and this literacy in particular, is
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didn’t speak very well. But they
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in those elections. The cycle of th
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from the mainstream press. As Dave
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take the commercial apart and manip
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CHAPTER THREE: Catalogs In the fall
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users of the RPI network made avail
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won, he would have a piece of paper
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gave him, and the MPPC was serious
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this capacity to pirate. As South D
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dustry is a half-billion-dollar bus
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casters’ content, but more egregi
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CHAPTER FIVE: “Piracy” There is
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ate nation, but we will not allow a
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Thus, while I understand the pull o
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File sharers share different kinds
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eing]—but had to a large extent r
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esponse to this problem: used book
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infringing material, the district c
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tem to minimize the opportunity for
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macy in the behavior of the “pira
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“PROPERTY”
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ow range of exceptions—ideas rele
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ight. Prices of the classics were t
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strictions on the freedom of others
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ones Expire; so that should this Bi
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the monopoly power of publishers? P
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“Ruined” is a bit of an exagger
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it, this touch of cartoon helped ca
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So I asked Else why he didn’t jus
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CHAPTER EIGHT: Transformers In 1993
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We decided that it would be fair if
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etrospective of someone’s career
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its archives, musicians are able to
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CHAPTER NINE: Collectors In April 1
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portant to maintain in some histori
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tions from around the world and hit
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Page 128 and 129: CHAPTER TEN: “Property” Jack Va
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Page 146 and 147: granted only for works where they w
Page 148 and 149: Law: Scope The “scope” of a cop
Page 150 and 151: The act left other creators totally
Page 152 and 153: “Copies.” That certainly sounds
Page 154 and 155: These are uses that themselves invo
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Page 162 and 163: According to my eBook Reader, I hav
Page 164 and 165: These are controls, not permissions
Page 166 and 167: up aibopet.com (and aibohack.com, b
Page 168 and 169: Felten and his team figured out the
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Page 172 and 173: would agree such a use is bad. Or a
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Page 180 and 181: money. Assume a group of concerned
Page 182 and 183: ing technology, together they produ
Page 184 and 185: commercial or not, transformative o
Page 186 and 187: PUZZLES
Page 188 and 189: The villagers don’t leave him alo
Page 190 and 191: But it is not quite stealing from T
Page 192 and 193: In April 2001, eMusic.com was purch
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Page 198 and 199: you’ve got a little note from a l
Page 200 and 201: my.mp3.com service was to give user
Page 202 and 203: The point is not that businesses sh
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Page 206 and 207: Internet radio is thus to radio wha
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Page 212 and 213: My point is not the idiotic one: Ju
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Page 216 and 217: The RIAA then expanded this campaig
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Page 220 and 221: Yet policy makers are not willing t
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ights are about to expire, there is
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ing term, then there would be no
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work. In 1930, 10,047 books were pu
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any continuing commercial value. Th
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In this context, there is no need f
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freedom to fill the gaps. As one re
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nored this pressure (something that
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Software Foundation (home of the GN
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their view of how this part of Amer
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case, under the government’s argu
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for the chance to see the proceedin
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chief justice: Well, but you want m
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Justice Ginsburg simply ignored the
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power. And they joined an opinion t
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the decision was praised, it was pr
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CHAPTER FOURTEEN: Eldred II The day
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moved in 1976, when Congress follow
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a world without formalities. Comple
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ond, they argued that the proposal
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domain tied to the Internet could s
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These prices are not high because t
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about the sanctity of property. 5 I
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comes our common sense. And the cha
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WIPO. But in my view, there couldn
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First, they are just flat wrong. As
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as Lessig would have it, then of co
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petition and increased diversity. S
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AFTERWORD
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US, NOW Common sense is with the co
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Well, if we think in terms of the m
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The world of free software had been
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of scientific work submit that work
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of content (“content conducers,
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with Creative Commons freedoms. The
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These are all formalities associate
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tially lower the burden of this for
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2. Shorter Terms The term of copyri
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3. Free Use Vs. Fair Use As I obser
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tain statutory conditions. Either w
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tion should not be, how should the
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Alternatively, the law could create
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uses. A system that simply charges
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should be on how to make sure the a
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arely test their power, or the powe
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Notes Toward a Cultural Geography o
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5. Coe, 58. 6. For illustrative cas
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7. To Amend and Consolidate the Act
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(September 2002), reporting that 28
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CHAPTER SIX: FOUNDERS 1. Jacob Tons
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York: Basic Books, 1999): 90-95; La
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we should repeal it. It is instead
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35. Siva Vaidhyanathan captures a s
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11. For example, in July 2002, Repr
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Constitution. I invite all of you t
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kets pose a threat to the entire sy
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#79. For other proposals, see Lawre
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Yonezawa. I am thankful as well as
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Barlow, Joel, 8 Barnes & Noble, 147
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copyright law (cont.) copies as cor
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Fairbank, Robert, 105 fair use, 141
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Jefferson, Thomas, 84, 120, 284 Joh
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peer-to-peer file sharing (cont.) f
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Secure Digital Music Initiative (SD
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ABOUT THE AUTHOR LAWRENCE LESSIG (h
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