Death of the Author
“Death of the author”
When I heard of this title, the first thing that came into my mind was the copyright issues.
Here are some answers I found on the internet: to when copyright expires and who owns them.
“When does copyright expire?
Copyright normally lasts in literary, dramatic or musical works, for 70 years from the end of the year that the creator dies. Copyright expires on the 31st December of that 70th year - it does not (for example) expire in the middle of the year.
In the case of 'typographical layout' (i.e. a published version of the work - the 'publishers rights') this lasts for 25 years after publication.
Different 'scenarios' can alter these guidelines. For information on periodicals, unpublished works, anonymous works, groups of authors, Crown Copyright (different scenarios in this can span copyright covering 50 to 125 years), Parliamentary Copyright, Artistic Works, Sound Recordings, Film & Video, Broadcasted work, Database Rights, Computer Programs, etc, etc, “
http://asp.wlv.ac.uk/Level5.asp?UserType=8&Level5=583
“Who owns copyright?
In the first instance, the creator of a work is normally the “first owner”, but rights may be passed on or shared (through contract, licensing, sale or inheritance). The exception to this is where a work is created as part of a contract of employment, in which case it is owned by the employer. Other parties may also be involved (e.g.) publishers, collaborators etc.
As for the commissioning of work - the law changed in this area in 1989. From work commissioned after 1st August 1989 the 'ownership' goes to the author/creator - not the commissioner. The only way that this can be altered is through agreement in an independent contract stating otherwise.
Work commissioned before this date is 'usually' the property of the commissioning person or body.”
http://asp.wlv.ac.uk/Level5.asp?UserType=8&Level5=785
I’ve read through David Byrne’s article:
http://www.wired.com/entertainment/music/magazine/16-01/ff_byrne
David Byrne mentions explains that the recording/music industries has changed due to the improved technologies, such as computers.
As we can see from the chart above, (this is also from the same site: “David Byrne’s Survival Strategies for Emerging Artists-and Megastars-”), it is showing that now a days, many of the music has been distributed digitally to the public.
While recording companies taking the most money out of the sales of the music, the artist can now able to choose to work outside of the traditional label relationship.
“Where there was one, now there are six: Six possible music distribution models, ranging from one in which the artist is pretty much hands-off to one where the artist does nearly everything. Not surprisingly, the more involved the artist is, the more he or she can often make per unit sold. The totally DIY model is certainly not for everyone — but that's the point. Now there's choice.”
If the record companies take most of the sales, who actually owns the music? Isn’t it the artist, who should take the credits of actually making the music?
“So what happens when online sales eliminate many of these expenses? Look at iTunes: $10 for a "CD" download reflects the cost savings of digital distribution, which seems fair — at first. It's certainly better for consumers. But after Apple takes its 30 percent, the royalty percentage is applied and the artist — surprise! — is no better off.”
Above quotes from David Byrne also reflects the question of the authorship.
It may seem that producing the music independently may help protect the authorship and the artist can have a full control over their own music. But this also has got some disadvantages.
“… the self-distribution model, where the music is self-produced, self-written, self-played, and self-marketed. CDs are sold at gigs and through a Web site. Promotion is a MySpace page. The band buys or leases a server to handle download sales. Within the limits of what they can afford, the artists have complete creative control. In practice, especially for emerging artists, that can mean freedom without resources — a pretty abstract sort of independence. For those who plan to take their material on the road and play it live, the financial constraints cut even deeper. Backup orchestras, massive video screens and sets, and weird high tech lights don't come cheap.”
So we can see that there are both advantages and disadvantages about the independent artists and the artist who has got support from the recording companies.
I think the authorship and copyright topics are massive, and I think I need to think back more deeply with more time.
When I heard of this title, the first thing that came into my mind was the copyright issues.
Here are some answers I found on the internet: to when copyright expires and who owns them.
“When does copyright expire?
Copyright normally lasts in literary, dramatic or musical works, for 70 years from the end of the year that the creator dies. Copyright expires on the 31st December of that 70th year - it does not (for example) expire in the middle of the year.
In the case of 'typographical layout' (i.e. a published version of the work - the 'publishers rights') this lasts for 25 years after publication.
Different 'scenarios' can alter these guidelines. For information on periodicals, unpublished works, anonymous works, groups of authors, Crown Copyright (different scenarios in this can span copyright covering 50 to 125 years), Parliamentary Copyright, Artistic Works, Sound Recordings, Film & Video, Broadcasted work, Database Rights, Computer Programs, etc, etc, “
http://asp.wlv.ac.uk/Level5.asp?UserType=8&Level5=583
“Who owns copyright?
In the first instance, the creator of a work is normally the “first owner”, but rights may be passed on or shared (through contract, licensing, sale or inheritance). The exception to this is where a work is created as part of a contract of employment, in which case it is owned by the employer. Other parties may also be involved (e.g.) publishers, collaborators etc.
As for the commissioning of work - the law changed in this area in 1989. From work commissioned after 1st August 1989 the 'ownership' goes to the author/creator - not the commissioner. The only way that this can be altered is through agreement in an independent contract stating otherwise.
Work commissioned before this date is 'usually' the property of the commissioning person or body.”
http://asp.wlv.ac.uk/Level5.asp?UserType=8&Level5=785
I’ve read through David Byrne’s article:
http://www.wired.com/entertainment/music/magazine/16-01/ff_byrne
David Byrne mentions explains that the recording/music industries has changed due to the improved technologies, such as computers.
As we can see from the chart above, (this is also from the same site: “David Byrne’s Survival Strategies for Emerging Artists-and Megastars-”), it is showing that now a days, many of the music has been distributed digitally to the public.
While recording companies taking the most money out of the sales of the music, the artist can now able to choose to work outside of the traditional label relationship.
“Where there was one, now there are six: Six possible music distribution models, ranging from one in which the artist is pretty much hands-off to one where the artist does nearly everything. Not surprisingly, the more involved the artist is, the more he or she can often make per unit sold. The totally DIY model is certainly not for everyone — but that's the point. Now there's choice.”
If the record companies take most of the sales, who actually owns the music? Isn’t it the artist, who should take the credits of actually making the music?
“So what happens when online sales eliminate many of these expenses? Look at iTunes: $10 for a "CD" download reflects the cost savings of digital distribution, which seems fair — at first. It's certainly better for consumers. But after Apple takes its 30 percent, the royalty percentage is applied and the artist — surprise! — is no better off.”
Above quotes from David Byrne also reflects the question of the authorship.
It may seem that producing the music independently may help protect the authorship and the artist can have a full control over their own music. But this also has got some disadvantages.
“… the self-distribution model, where the music is self-produced, self-written, self-played, and self-marketed. CDs are sold at gigs and through a Web site. Promotion is a MySpace page. The band buys or leases a server to handle download sales. Within the limits of what they can afford, the artists have complete creative control. In practice, especially for emerging artists, that can mean freedom without resources — a pretty abstract sort of independence. For those who plan to take their material on the road and play it live, the financial constraints cut even deeper. Backup orchestras, massive video screens and sets, and weird high tech lights don't come cheap.”
So we can see that there are both advantages and disadvantages about the independent artists and the artist who has got support from the recording companies.
I think the authorship and copyright topics are massive, and I think I need to think back more deeply with more time.
Labels: SPP2
posted by eriko @ 8:41 AM
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