Lessig's implications for intellectual property law and beyond them

Abstract

The undisputable merit of Lessig's works is his emphasis on the correlation between network technologies, intellectual property laws and the free flow of information, which is a key aspect of the sustainable information society. Technologies backed by intellectual property regimes are portrayed as an instrument allowing exercise of control over the information. These premises, which were clearly articulated by Lessig, form the core of the debate about the appropriateness of current intellectual property regimes. This article revises Lessig's ideas and proposals, but argues that Lessig's suggestions miss the economic aspect of intellectual property: ensuring fair compensation for creativity. The article therefore deals with the intellectual property aspects de-emphasized by Lessig, but having influence on the resolution dilemmas brought to the fore by Lessig and emphasized in recent European political agendas. The conclusions of the article suggest the important role of the compensatory aspects of intellectual property rights in ensuring the accessibility of information and sustainability of digital culture recognized by Lessig.