When a musician creates a CD, or a director makes a film, they often do not own the copyright to their creation. Music companies, movie studios, and book publishers often demand the rights to the copyrighted work in exchange for producing or promoting the work. While some creators might want to share their product with the public, the business owner might say no. The rights of artists, authors, and the public are at stake.
Does Copyright Mean Exclusive Rights Forever?
How long a work is protected by copyright depends on several factors, including whether it has been published, and, if so, the date of the first publication. Generally, for works created after January 1, 1978, copyright protection lasts for the life of the author plus an additional 70 years.
For an anonymous work, or a work made for hire, the copyright can last for 95 years from the year of publication to as much as 120 years from the year of its creation, whichever expires first. Cornell University has a guide to figure out how long copyrights last for different kinds of creative works.
You've probably seen "all rights reserved" on a movie or in a book. It is a phrase that warns a consumer against any use that might infringe upon the copyright. But there are certain cases where a creator might not want to reserve every right. Many people are rejecting rigid and inflexible copyright terms and using more flexible alternative licensing schemes.
What if a Creator Wants to Give Consumers Some Rights Too?
Creative Commons is an example of how many popular and emerging artists are offering their work with some rights reserved — in other words, they are releasing their work for a consumer to copy or distribute — with only certain conditions.
For artists, it can mean exposing their work to new audiences — without giving up a copyright. For consumers, it can mean — depending on the rights the artist chooses to let you have — copying, distributing, displaying and even performing the copyrighted work without fear of punishment.
Protecting Consumers and Musicians
Consumers Union has testified about the need to strike a balance between giving artists the incentive to create music, movies and more while giving consumers the incentive to use and pay for music, movies and more. Consumers Union and Public Knowledge have endorsed legislation and testified before the House Energy and Commerce Committee about the Digital Media Consumers' Rights Act, as a way to protect this balance — and help make consumers aware of their rights about the digital media they buy. HearUsNow.org's New Legislative Fights has more information on this issue.
The Future of Music Coalition attempts to educate musicians and the public about the critical issues where music and technology intersect. Their critique of common record industry contracts is useful for artists or anyone who wants a critical insight into how the big record labels operate.