Artsjournal is doing another one of their special week long conversations on a topic. This week it is the issue of artists and intellectual property rights. There are too many topics being bandied about to summarize them all, but as you might imagine one of the central themes is in regard to the whole tension between wanting to protect your creative rights and the ability and desire of the public at large to integrate or reimagine your great ideas into their own.
Bill Ivey does a good job of summing up the need for changing how rights are controlled.
“The notion that artists and companies share the same values when it comes to the character of our arts system is a crock. Companies worry about the theft of assets; artists worry about obscurity. These two concerns overlap at times, but often they don’t. What’s the real benefit to an artist of copyright protection that reaches beyond three-quarters of a century? What’s the real benefit to an artist if your publishing company or record company uses licensing fees to prevent your composition from being sampled. or prevents your film clip from being part of a documentary. We need to begin the organizational conversation Marty envisions by figuring out what an artist-oriented regime of laws and regulations would look like.”
There is also a discussion about whether artists are investing appropriate time and attention into protecting their rights. There was actually some pretty extensive discussion, tied together by Tim Quirk, refuting the idea that artists are/should be primarily focused on their art and can’t be bothered with mundane details of business and rights management. Quirk says:
“I had always assumed this ridiculous idea that artists are delicate otherworldly creatures who can’t and shouldn’t concern themselves with prosaic business or policy matters was being fed to them (along with other helpful notions, such as being a drunk or an addict is all part of being creative) by malicious middlemen and mendacious media.
But now I’ve read Vickie’s insightful analysis of how this dynamic is perpetuated by art schools and universities, and Bill’s observation that “things like intellectual property, media policy, unions, performance rights, and so on not show up in art schools or music conservatories, they have precious little traction in arts management programs.”
He goes on to acknowledge that intellectual property laws and the convoluted system of entities that administer them are really tough to comprehend and can be frustrating, but it is something that is worth mastering. It was interesting to me to read Bill Ivey’s thoughts on how this was an area that arts training programs fell short in. When I was pursuing my MFA, I had direct experience with different contracts, including negotiating music performance rights. Even still, the first thing I mentioned at my degree defense when asked what additional instruction would have been helpful during my studies was more contract and rights law. This was 15 years ago so I am surprised to learn that more isn’t taught given all the challenges technology presents in this area.
Though to be fair, as Brian Newman notes, there is a lot to be taught already. I was intrigued to learn in one of his posts that in film at least, the very people who are now clamoring for film makers to become involved in policy debates helped to dismantle the organizations which could have been instrumental in driving that discussion. I wonder if that is the case in other disciplines.
“In the world of film, we used to have a very strong network of media arts centers around the nation. As foundations shifted priorities (and the NEA’s support changed dramatically), however, many of these organizations have shut down or refocused energies to where the money is – social issue action, youth training or corporate support for large activities, like film festivals. When attending a Grantmakers in the Arts conference a couple of years ago, I was amazed that there was a group of funders upset that they couldn’t get filmmakers active in the policy debate – but they had helped disband the very network that could have served to rally filmmakers around these issues.”
Intellectual properties rights is likely to continue as an important topic for years to come so it is worth following the whole conversation. I have barely represented the breadth of it here. They are covering nuances between people who live or die by the strength of protections versus people who need loose protections to thrive and further develop their work. There is also the inevitable discussion of how money determines whose voices and interests are being heard and transformed into policy and law.