All Rights Reserved: a history of American copyright law by Jeff Siegel
Tuesday, July 18, 2006, 05:06 PM - Copyfight
<i>To every cow her calf, and to every book its copy.” -- Irish King Dermott, 6th c. C.E., in his decision Finnian v. Columba (The “Abbot's Psalter” case). Probably apocryphal.</i>
it's part of American law, and among other things the philosophical and legal foundation for "work for hire," the idea that an author can be hired by an institution, paid a flat fee, and rescind all rights to the work they've created, as if the author were never involved in the first place; the publisher, not as agent of the author, but as the author. The vast majority of cultural and intellectual work is created within a work for hire arrangement, the creator ceding her work to the institution that manufactures, markets, distributes, and sells it (and it's the work, the expression of the idea, that's covered in copyright, not the idea itself). There's much talk from spokespeople for the various trade groups involved in bringing litigation on copyright matters (RIAA, MPAA, BSA for software companies, etc.) that copyright infringement harms most the authors of the work, that it takes money out of their pockets, undoing the incentive to create more work for the public good. But due to these work-for-hire arrangements, it's the opposite that's true; there is no significant correlation between a corporate entity controlling a copyright on a work and the creator of that work making money from its sale. Nowhere is this clearer than in the music business. By now you've heard story after story of artists getting screwed by their labels. The minuscule royalties and recoupable costs and so forth are only a manifestation of the real issue: the constant downward pressure of a big record label onto the livelihood of its only real asset, the recording artist who creates the product that generates their profit. As a generalization, there are few worse positions to be in in the commercial arts than major-label recording artist. Book publishing works on a fundamentally similar model, but rarely do publishers make their writers recoup marketing costs or advances; film and broadcasting, especially at big-money levels, are fully unionized, and everyone involved makes a set wage. So how do record labels get away with making tidy profits on ubiquitous songs, while the artists rarely see a dime and usually end up in debt?
Read All Rights Reserved in Stylus Magazine.
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