In May, Lucasfilm announced plans to enable fans of the “Star Wars” series to “remix” “Star Wars” video clips with their own creative work. Using an innovative Internet platform called Eyespot, these (re)creators can select video clips or other content and then add images or upload new content, whether images, video or music. Eyespot is one of many new technologies inviting “users” to do more than use the creativity they are consuming. Likewise, Lucasfilm is one of many companies recognizing that the more “users” use their creativity, the thicker the bonds are between consumers and the work consumed.
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A dark force, however, has influenced Lucasfilm’s adoption of Eyespot’s technology. A careful reading of Lucasfilm’s terms of use show that in exchange for the right to remix Lucasfilm’s creativity, the remixer has to give up all rights to what he produces. In particular, the remixer grants to Lucasfilm the “exclusive right” to the remix — including any commercial rights — for free.
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Hybrids are an important future of Internet growth. Businesses will have to think carefully about which terms will excite the masses to work for them for free. Competition will help define these terms. But if one more lawyer protected from the market may be permitted a prediction, I suggest sharecropping will not survive long as a successful strategy for the remixer.
Commentary from Lawrence Lessig for the Washington Post
