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Living for Art, the future of copyright | DAVID NIMMER | TEDxRoma


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I come to you from Los Angeles home of

I come to you from Los Angeles home of Hollywood studios and digital innovators

Hollywood studios and digital innovators

Hollywood studios and digital innovators to speak about the future of copyright

to speak about the future of copyright

to speak about the future of copyright law how do we peer 20 years into the

law how do we peer 20 years into the

law how do we peer 20 years into the future by going backwards 500 years ago

future by going backwards 500 years ago

future by going backwards 500 years ago right here in Rome a lively history of

right here in Rome a lively history of

right here in Rome a lively history of book publication helps to set the stage

book publication helps to set the stage

book publication helps to set the stage first we have to put it in context a few

first we have to put it in context a few

first we have to put it in context a few years earlier Eliyahu Hanavi Bacoor put

years earlier Eliyahu Hanavi Bacoor put

years earlier Eliyahu Hanavi Bacoor put the finishing touches on his book of

the finishing touches on his book of

the finishing touches on his book of Hebrew grammar journey on the paths of

Hebrew grammar journey on the paths of

Hebrew grammar journey on the paths of knowledge but a catastrophe broke out in

knowledge but a catastrophe broke out in

knowledge but a catastrophe broke out in his hometown of Padua and he was forced

his hometown of Padua and he was forced

his hometown of Padua and he was forced to flee an interloper got a hold of the

to flee an interloper got a hold of the

to flee an interloper got a hold of the manuscript and published it under his

manuscript and published it under his

manuscript and published it under his own name a whore received nothing based

own name a whore received nothing based

own name a whore received nothing based on that experience when before came to

on that experience when before came to

on that experience when before came to Rome he acted to safeguard his interests

Rome he acted to safeguard his interests

Rome he acted to safeguard his interests st. peter’s basilica was not yet

st. peter’s basilica was not yet

st. peter’s basilica was not yet constructed but the vatican on whose

constructed but the vatican on whose

constructed but the vatican on whose soil you’re sitting today was already

soil you’re sitting today was already

soil you’re sitting today was already long in operation of course thanks to

long in operation of course thanks to

long in operation of course thanks to the intercession of Cardinal Petrus

the intercession of Cardinal Petrus

the intercession of Cardinal Petrus adidas mejor received a papal privilege

adidas mejor received a papal privilege

adidas mejor received a papal privilege in his work he also turned surprisingly

in his work he also turned surprisingly

in his work he also turned surprisingly to the rabbi’s of Rome for a comparable

to the rabbi’s of Rome for a comparable

to the rabbi’s of Rome for a comparable grant and they accommodated him by

grant and they accommodated him by

grant and they accommodated him by granting the world’s first kitab dot a

granting the world’s first kitab dot a

granting the world’s first kitab dot a rabbinic privilege in one and the same

rabbinic privilege in one and the same

rabbinic privilege in one and the same work thus we see that the seeds were

work thus we see that the seeds were

work thus we see that the seeds were sown 500 years ago for the development

sown 500 years ago for the development

sown 500 years ago for the development of copyright here in Rome based on the

of copyright here in Rome based on the

of copyright here in Rome based on the unique cultural circumstances of the

unique cultural circumstances of the

unique cultural circumstances of the time as well as the technology extant at

time as well as the technology extant at

time as well as the technology extant at the beginning of the sixteenth century

the beginning of the sixteenth century

the beginning of the sixteenth century those circumstances were not limited to

those circumstances were not limited to

those circumstances were not limited to Italy at the same time the King granted

Italy at the same time the King granted

Italy at the same time the King granted the first royal privilege in England

the first royal privilege in England

the first royal privilege in England to the book that you see cited published

to the book that you see cited published

to the book that you see cited published by Richard Kinson now at this time in

by Richard Kinson now at this time in

by Richard Kinson now at this time in its development the printing press was

its development the printing press was

its development the printing press was suitable for producing books it did not

suitable for producing books it did not

suitable for producing books it did not yet extend to the other arts than extant

yet extend to the other arts than extant

yet extend to the other arts than extant such as painting and music admittedly my

such as painting and music admittedly my

such as painting and music admittedly my focus is rather parochial the vast

focus is rather parochial the vast

focus is rather parochial the vast majority of humankind was not concerned

majority of humankind was not concerned

majority of humankind was not concerned with book production nor with the legal

with book production nor with the legal

with book production nor with the legal protection for books rather almost

protection for books rather almost

protection for books rather almost everyone alive was working then in

everyone alive was working then in

everyone alive was working then in agriculture or else in the new

agriculture or else in the new

agriculture or else in the new technologies made possible by

technologies made possible by

technologies made possible by Renaissance advances law arises in

Renaissance advances law arises in

Renaissance advances law arises in response to the social situation of

response to the social situation of

response to the social situation of mankind and thus we see a host of

mankind and thus we see a host of

mankind and thus we see a host of regulations arising as to those

regulations arising as to those

regulations arising as to those industries that were developing and as

industries that were developing and as

industries that were developing and as to the rules in agriculture within that

to the rules in agriculture within that

to the rules in agriculture within that panoply copyright was but a small player

panoply copyright was but a small player

panoply copyright was but a small player and yet there were many developments in

and yet there were many developments in

and yet there were many developments in the field of copyright of which I have

the field of copyright of which I have

the field of copyright of which I have time to tell you about only one the main

time to tell you about only one the main

time to tell you about only one the main division in the field is between the

division in the field is between the

division in the field is between the anglo-american scheme which we can call

anglo-american scheme which we can call

anglo-american scheme which we can call copyright and was what what is followed

copyright and was what what is followed

copyright and was what what is followed here on the continent the dois toto

here on the continent the dois toto

here on the continent the dois toto system copyright is an instrumentalist

system copyright is an instrumentalist

system copyright is an instrumentalist device designed to give an incentive to

device designed to give an incentive to

device designed to give an incentive to authors by rewarding them for the works

authors by rewarding them for the works

authors by rewarding them for the works that they create on the other hand the

that they create on the other hand the

that they create on the other hand the dois total system emphasizes the natural

dois total system emphasizes the natural

dois total system emphasizes the natural and inherent bond between author and

and inherent bond between author and

and inherent bond between author and artistic progeny copyright therefore is

artistic progeny copyright therefore is

artistic progeny copyright therefore is based on economics whereas dois doto is

based on economics whereas dois doto is

based on economics whereas dois doto is based more on the moral rights

based more on the moral rights

based more on the moral rights underlying the system if we go ahead

underlying the system if we go ahead

underlying the system if we go ahead four hundred and fifty years

four hundred and fifty years

four hundred and fifty years we see that not that much happened in

we see that not that much happened in

we see that not that much happened in the interim 50 years ago in order to

the interim 50 years ago in order to

the interim 50 years ago in order to distribute books and large quantities

distribute books and large quantities

distribute books and large quantities you still needed to have access to a

you still needed to have access to a

you still needed to have access to a printing press and the same thing

printing press and the same thing

printing press and the same thing applied to those who wish to distribute

applied to those who wish to distribute

applied to those who wish to distribute music 40 years ago or even

music 40 years ago or even

music 40 years ago or even motion-picture 30 years ago but today

motion-picture 30 years ago but today

motion-picture 30 years ago but today everything is different

everything is different

everything is different thanks to the internet works can be

thanks to the internet works can be

thanks to the internet works can be published and disseminated all across

published and disseminated all across

published and disseminated all across the globe a turning point happened in

the globe a turning point happened in

the globe a turning point happened in 1994 when a lyricist for the Grateful

1994 when a lyricist for the Grateful

1994 when a lyricist for the Grateful Dead and co-founder of the Electronic

Dead and co-founder of the Electronic

Dead and co-founder of the Electronic Frontier Foundation published a digital

Frontier Foundation published a digital

Frontier Foundation published a digital manifesto in Wired magazine proclaiming

manifesto in Wired magazine proclaiming

manifesto in Wired magazine proclaiming the death of copyright under the mantra

the death of copyright under the mantra

the death of copyright under the mantra information wants to be free the reality

information wants to be free the reality

information wants to be free the reality is more nuanced as Stuart brand pointed

is more nuanced as Stuart brand pointed

is more nuanced as Stuart brand pointed out ten years earlier information does

out ten years earlier information does

out ten years earlier information does want to be free because it is so cheap

want to be free because it is so cheap

want to be free because it is so cheap to distribute paradoxically though

to distribute paradoxically though

to distribute paradoxically though information wants to be expensive

information wants to be expensive

information wants to be expensive because it is so valuable

because it is so valuable

because it is so valuable we see ourselves at an inflection point

we see ourselves at an inflection point

we see ourselves at an inflection point equivalent perhaps to what happened in

equivalent perhaps to what happened in

equivalent perhaps to what happened in the Renaissance with the development of

the Renaissance with the development of

the Renaissance with the development of the printing press and the upheaval is

the printing press and the upheaval is

the printing press and the upheaval is all over

all over

all over throughout the law and especially in the

throughout the law and especially in the

throughout the law and especially in the law of copyright the zeitgeist has

law of copyright the zeitgeist has

law of copyright the zeitgeist has responded we can find many articles

responded we can find many articles

responded we can find many articles calling copyright the enemy of free

calling copyright the enemy of free

calling copyright the enemy of free expression

indeed the tension plays out in two

indeed the tension plays out in two books with similar names on the one hand

books with similar names on the one hand

books with similar names on the one hand says wired editor Chris Anderson free is

says wired editor Chris Anderson free is

says wired editor Chris Anderson free is the natural price point for all works of

the natural price point for all works of

the natural price point for all works of authorship on the other responds

authorship on the other responds

authorship on the other responds journalist Robert Levine those who take

journalist Robert Levine those who take

journalist Robert Levine those who take advantage of Napster and its successors

advantage of Napster and its successors

advantage of Napster and its successors are digital parasites sucking the life

are digital parasites sucking the life

are digital parasites sucking the life out of culture

indeed the word free itself is a

indeed the word free itself is a misnomer as it arises only when someone

misnomer as it arises only when someone

misnomer as it arises only when someone has made a considerable investment in

has made a considerable investment in

has made a considerable investment in hardware when people obtain music or

hardware when people obtain music or

hardware when people obtain music or movies for free it could be that the

movies for free it could be that the

movies for free it could be that the Creator is getting nothing but that does

Creator is getting nothing but that does

Creator is getting nothing but that does not mean that nobody is profiting in the

not mean that nobody is profiting in the

not mean that nobody is profiting in the process so where does all this take us a

process so where does all this take us a

process so where does all this take us a book that was published earlier this

book that was published earlier this

book that was published earlier this week gives the prediction of futurist

week gives the prediction of futurist

week gives the prediction of futurist Vivek Wadhwa he previewed it already in

Vivek Wadhwa he previewed it already in

Vivek Wadhwa he previewed it already in the press the first proposition is the

the press the first proposition is the

the press the first proposition is the familiar trope anything that can be

familiar trope anything that can be

familiar trope anything that can be digitized will be the second one is also

digitized will be the second one is also

digitized will be the second one is also not far from our consciousness given the

not far from our consciousness given the

not far from our consciousness given the radical changes we have seen in so many

radical changes we have seen in so many

radical changes we have seen in so many labor markets your job has a significant

labor markets your job has a significant

labor markets your job has a significant chance of being eliminated when you lose

chance of being eliminated when you lose

chance of being eliminated when you lose your job the natural tendency would be

your job the natural tendency would be

your job the natural tendency would be for you to look for a new job and yet

for you to look for a new job and yet

for you to look for a new job and yet maybe even that will change life could

maybe even that will change life could

maybe even that will change life could become so affordable that you will not

become so affordable that you will not

become so affordable that you will not even need to have a job the dismal

even need to have a job the dismal

even need to have a job the dismal science of economics will fall away in

science of economics will fall away in

science of economics will fall away in that future world of Plenty so how will

that future world of Plenty so how will

that future world of Plenty so how will you spend your time when all is leisure

you spend your time when all is leisure

you spend your time when all is leisure by starting a blog

by starting a blog

by starting a blog perhaps by watching your daughter and

perhaps by watching your daughter and

perhaps by watching your daughter and her grandmother combine to make a video

her grandmother combine to make a video

her grandmother combine to make a video mashup or as hip-hop

mashup or as hip-hop

mashup or as hip-hop all up and down the block people might

all up and down the block people might

all up and down the block people might be creating new sculptures and poems and

be creating new sculptures and poems and

be creating new sculptures and poems and videogames life can be lived for the

videogames life can be lived for the

videogames life can be lived for the sake of art as was available in the past

sake of art as was available in the past

sake of art as was available in the past only to a privileged few

in this future everyone gets to be a

in this future everyone gets to be a diva James Cameron will still direct but

diva James Cameron will still direct but

diva James Cameron will still direct but he will be in head-to-head competition

he will be in head-to-head competition

he will be in head-to-head competition with the fifteen-year-old next door and

with the fifteen-year-old next door and

with the fifteen-year-old next door and another from rural India each can

another from rural India each can

another from rural India each can continue to hone their art regardless of

continue to hone their art regardless of

continue to hone their art regardless of popularity now I do not know if wide

popularity now I do not know if wide

popularity now I do not know if wide buzz vision will be the accurate

buzz vision will be the accurate

buzz vision will be the accurate prediction twenty years from now but if

prediction twenty years from now but if

prediction twenty years from now but if it is we will see upheaval across

it is we will see upheaval across

it is we will see upheaval across numerous industries and as those

numerous industries and as those

numerous industries and as those industries cease to exist the law will

industries cease to exist the law will

industries cease to exist the law will fall away that govern them what will

fall away that govern them what will

fall away that govern them what will remain however is the law for the works

remain however is the law for the works

remain however is the law for the works of authorship that people will continue

of authorship that people will continue

of authorship that people will continue to create and thus copyright law will

to create and thus copyright law will

to create and thus copyright law will remain with us but that field itself

remain with us but that field itself

remain with us but that field itself must change I’ve already told you that

must change I’ve already told you that

must change I’ve already told you that copyright derived from the Royal

copyright derived from the Royal

copyright derived from the Royal privilege and indeed even to this day

privilege and indeed even to this day

privilege and indeed even to this day the word that is used for the money

the word that is used for the money

the word that is used for the money earned by authors is a royalty so in

earned by authors is a royalty so in

earned by authors is a royalty so in that future world where people are not

that future world where people are not

that future world where people are not working jobs for money that situation no

working jobs for money that situation no

working jobs for money that situation no longer pertains how then does

longer pertains how then does

longer pertains how then does anglo-american copyright law give a

anglo-american copyright law give a

anglo-american copyright law give a reward to authors for creating works

reward to authors for creating works

reward to authors for creating works well the interesting answer is that

well the interesting answer is that

well the interesting answer is that reward comes through the recognition

reward comes through the recognition

reward comes through the recognition that those authors garner and

that those authors garner and

that those authors garner and wonderfully that device is exactly the

wonderfully that device is exactly the

wonderfully that device is exactly the same one that has always undergirded

same one that has always undergirded

same one that has always undergirded continental theory in the doís a la

continental theory in the doís a la

continental theory in the doís a la fecha límite the attribution right this

fecha límite the attribution right this

fecha límite the attribution right this perspective also brings together the two

perspective also brings together the two

perspective also brings together the two views that we also that we already saw

views that we also that we already saw

views that we also that we already saw from those complementary books Robert

from those complementary books Robert

from those complementary books Robert Levine is correct that authors who

Levine is correct that authors who

Levine is correct that authors who create works must retain the ability to

create works must retain the ability to

create works must retain the ability to control them but Chris Anderson all

control them but Chris Anderson all

control them but Chris Anderson all so has a point that if nobody is working

so has a point that if nobody is working

so has a point that if nobody is working for money then authors too will give it

for money then authors too will give it

for money then authors too will give it away for free this focus on control

away for free this focus on control

away for free this focus on control brings our fundamental word author back

brings our fundamental word author back

brings our fundamental word author back to its Latin cognates authors must have

to its Latin cognates authors must have

to its Latin cognates authors must have the authority to authorize the works

the authority to authorize the works

the authority to authorize the works that they create

art can be its own reward

art can be its own reward seamlessly integrated with life for

seamlessly integrated with life for

seamlessly integrated with life for those who love to create and we are all

those who love to create and we are all

those who love to create and we are all natural-born storytellers the difference

natural-born storytellers the difference

natural-born storytellers the difference is in the future we will no longer need

is in the future we will no longer need

is in the future we will no longer need to punch a time clock so my journey from

to punch a time clock so my journey from

to punch a time clock so my journey from Los Angeles which means the Angels ends

Los Angeles which means the Angels ends

Los Angeles which means the Angels ends right next door at the Castel

right next door at the Castel

right next door at the Castel Sant’Angelo also named after an angel

Sant’Angelo also named after an angel

Sant’Angelo also named after an angel these ruminations evoke the better

these ruminations evoke the better

these ruminations evoke the better angels of our nature in this vision

angels of our nature in this vision

angels of our nature in this vision copyright law leads us towards a

copyright law leads us towards a

copyright law leads us towards a brighter future thank you

brighter future thank you

brighter future thank you [Applause]

”

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