Nyquist Recording Studio

Creative Commons

posted by Aji Coronel on Aug 29, 2009, under Music Industry

In our past posts, we have been discussing the problem of piracy and what it is doing to record companies and music artists today. The situation right now is that the music industry is losing huge revenue as a result of rampant piracy. And copyright, which is supposed to protect an artist’s work from this exploitation, simply doesn’t work anymore. The prevalence of the internet and mass downloading, and mass copying and selling of illegal CDs and DVDs, is destroying the industry to the point of collapse.

But whose fault is it really? Well, for one, the pirated CD/DVD business is certainly wrong, because some other people are making money from the music that is the rightful property of the artists. But regarding the internet and file sharing, for a long time now, I have always believed that since technology will only progress further, and over the years when we all have faster connections at home, what took hours will take a few minutes, and it will be impossible to police the entire internet and prosecute websites and people who download music (and movies, and books, and software, and PSP games, etc). The digitization of information of any kind, and the omnipresence of the internet, will only put further pressure on copyright as we understand it now. And nope, I don’t think DRM (digital rights management) will stop it either (ever heard of those supposedly uncrackable AACS keys for Blu-Ray discs?)…

I just finished reading a blog by Curt Smith (yep, *the* Curt Smith of 80’s mega-band Tears for Fears!) where he described his decision to release his latest album Halfway pleased not through a record label, but under a Creative Commons license. I had been aware of CC for some time now, but largely ignored it, and so I really didn’t know what it was really and what it meant to Curt’s album, and what potential it could serve to musicians.

Let me highlight some of Curt’s insights in his blog:

  • Musicians want to *share* their music. They want it to be heard by as many people as possible.
  • Copyright’s “all rights reserved” dictum restricts the ways music should be consumed, because it means that you cannot play or perform it in school events, or even lend a CD to your friend. Realistically, it’s impossible to enforce.
  • Creative Commons allows relaxing copyright to “some rights reserved”. An artist can now select which rights he wants to retain, for instance, rights from commercial exploitation. As Curt said, “You don’t have the right to use my music in a way that generates revenue for you without my permission.”
  • Again, I quote him here, “One misconception I should like to clear up about Creative Commons is that all music released under a CC license is free. Some is, to be sure, but not all. Some artists choose to release their music for free and concentrate on other revenue streams (such as live performances) for their income, others (like myself) do not. I invested a great deal in the recording and release of Halfway pleased, and charging for it is a way for me to recoup those expenses and to have the funds to invest in making more music.”
  • And lastly, I think he couldn’t have said it any better… “That being said, I think I’ve been as democratic as possible in the way I charge for it. You can buy a track at a time from digital services like iTunes, AmazonMP3 or thesixtyone. You can buy the entire album digitally, or on CD. And you don’t even have to buy it to listen to it, since it streams for free on my website. If you’re a registered member of my site, you can download a track for free. That’s all pretty fair, don’t you think?”

From the CC website, it says, “Creative Commons is a nonprofit corporation dedicated to making it easier for people to share and build upon the work of others, consistent with the rules of copyright. We provide free licenses and other legal tools to mark creative work with the freedom the creator wants it to carry, so others can share, remix, use commercially, or any combination thereof.”

I was thinking that the logical conclusion to the problem is a complete overhaul of copyright as we know it today, a new world order perhaps, but maybe there are other inevitable endings. Maybe Creative Commons is *the* solution, or something along the lines that they advocate. I certainly hope so…

For additional reading:

© 2009, Aji Coronel. Nyquist Recording Studio. All rights reserved. If you need to copy content, please provide the link to this original post.

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  1. What is happening to the music industry?

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