Subject: Lessig in the NY Times From: "jesposito" <jesposito@xxxxxxxxxxxx> Date: Tue, 21 Jan 2003 08:37:56 -0800 |
I imagine readers of this list have already seen Lawrence Lessig's piece on the Op-Ed page of Saturday's New York Times. (I read it in hardcopy and don't have the link available.) I am skeptical about many of Lessig's initiatives, but the policy recommendation he made in the Times strikes me as excellent. That recommendation was for there to be a modest copyright tax (Lessig proposes $50 a year) to keep an already published work under copyright. Failure to pay the tax would push the work into the public domain. What would be the practical effect of such a tax? One outcome, which is the one Lessig focuses on, would be for numerous works that have been out of print for years to enter the public domain--some because their owners don't care about them and don't want to pay the tax, some because their owners don't even know that these properties are in their portfolios. And then let the public domain do with these works what it will. Another outcome (more likely and more significant, in my opinion) is that many holders of copyrights will pay the tax "just in case." Some holders will have large, taxed archives to tend to; the cost of maintaining these archives is not negligible. This will prompt such holders to try to come up with ways to monetize those archives, which will yield an abundance of new forms of electronic publishing. The tax, in other words, will foster innovation. Since books go out of print for a reason and stay out of print for a reason, it seems probable to me that the new uses of archives of books will have less to do with the content or merit of any particular titles (since books go out of print for a reason) and more to do with the content in its aggregated form. An out of print romance novel from 1927 has little value; a collection of a thousand such titles may have a different kind of value, not literary or even as a "read" but as a data mine, from which other extrapolations can be made. Incidentally, the same issue of the Times has a column by Edward Rothstein on Lessig's recent activities. In my view, Rothstein takes Lessig's measure exactly. Joe Esposito
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