A Fan Asks About Creative Commons
I got an email today from Claus, a fan in Germany, who also happens to be a recording artist. He wrote:
I've been reading more about Creative Commons and your thoughts, but still there remains a question on my mind which has not been answered. Apart from the fact that you - in contrast to artists like me - already earned enough money to take this approach easily from the financial POV, I worry about the following. If I decide to share my music and also release every new song as soon as I've finished recording it, how can I protect my music and style from being 'stolen'? I believe that my new material is exciting and new, hence I'm afraid that as soon as I make it available on MySpace, some established artists or producers will steal the idea and publish this style under their name. Something like that would never happen to you as an well known artist - no one would dare to take away your melodies and style - but how can I protect myself as an unknown artist?
This is a good question, but it reveals two common misperceptions about Creative Commons.
The first misperception is that if you choose a Creative Commons license, you'll be giving your music away for free and you won't make any money off of it. I don't give my music away for free (save the occasional promotional track). Lots of people have bought my music from iTunes, Amazon, CD Baby, The Sixty One, and other retailers. I invest a great deal in making the music, and I charge for it so that I can recoup my investment, and have money to spend on making new music.
What I do recognize is that people share music they love with their friends. (As do I.) They use songs for their school projects or talent shows. They remix things as a hobby. All good.
The Creative Commons license I use expressly permits these and other "Non-Commercial" uses. In even plainer English, that means that as long as you're not making money off of whatever you do with my music, it's fine. You don't need to seek or obtain my permission; I've already given it by virtue of the license.
It's a different story if you will be making money in any way by using my music, for example by selling a remix, or by including a song on a soundtrack or advertisement. I expressly reserve these and all other commercial rights. If you want to use my music in a project that will generate revenue for you, you first need to obtain a commercial license from me, and you also need to compensate me.
The second misperception is that by using a Creative Commons license, people will be able to "steal" your music and distribute it as their own. This too is untrue. First of all, every CC license stipulates that all uses, even those permitted freely, must be attributed to the creator. So if you do use my song on your school project, you don't need to ask me first, but you do need to include a credit for me.
This "Attribution" provision, in combination with the "Non-Commercial" provision, ensures that people cannot "steal" my music and republish without my permission. If they do, they'll be in violation of the license, and of my copyright, and I will seek the appropriate legal redress. It has nothing to do with whether I'm an established artist or not. If someone uses your copyrighted creative work in a manner you haven't authorized, you have the right to prosecute them for it. Whether you can prove the misappropriation, or have the money to spend on the lawyers to do so, is another thing entirely - but it's got nothing to do with whether you use a Creative Commons license.
Creative Commons offers a variety of licenses, depending on the uses of your work that you're willing to freely permit. They offer licenses for audio, video, images, text and interactive works. These licenses save time, money and confusion, while still affording copyright protection to those creating the work. I encourage you to visit the Creative Commons website and learn more about them.
One last thing: Creative Commons is a non-profit organization. Whether or not you're an artist, you can support their work by contributing to their annual fund drive, which has just started. More info is available at https://support.creativecommons.org/donate.
Comments
Well, I realize that he wants others to hear it, and I hope his discreet "shopping around" works. My point, which I'm sure you got, was just that if someone wants to steal your stuff, they will. Creative Commons or more traditional intellectual property protections just give one the ability to recoup losses down the line, if needed. Sad, but true!
Hope for the hopeless, prayer, faith without anger. We can change the world...
Suzanne Olden
or he can do I like I suggested and shop his music around discretely so that if it gets the attention of a music big wig then he might make a name for himself before potential copy cats have a chance to rip off his style. Once his name is associated with his sound it will be far more difficult for someone else to claim credit.
I realized that later, but that's part of putting your talent out there - if he wants to keep it 100% free of any chance of that happening, then he needs to keep it 100% to himself. There really is no way to keep people from taking your material - song, lyric, words, music or style - if they are hell bent on doing it. Using copyright or trademark protection or something like Creative Commons just gives you the traction you may need to recoup losses down the line when and if you can prove they did. Just a fact of life, unfortunately.
Hope for the hopeless, prayer, faith without anger. We can change the world...
Suzanne Olden
Well, if Creaky Boards had registered their music (and lyrics) with the Copyright Office (and there is a host of other things going on - legalities) then they could have a leg to stand on for an infringement action. I suppose they looked into it, or maybe just figured that Cold Play had the money to fight and they didn't. Sometimes it's not fair, but it would seem that it is part and parcel of putting your works out for public view.
However, as Curt points out, Creative Commons does provide protections, and you have a choice as to the level (do I have that right, Curt?).
Hope for the hopeless, prayer, faith without anger. We can change the world...
Suzanne Olden
I think Claus' issue isn't with the stealing of his entire songs, just the potential theft of his overall style, and he feels that if he exposes his material without any clout or representaiton in the music industry that he will be exploited. I agree with his concerns as Coldplay's song "Viva La Vida" sounded almost note for note like a song by an uknown band called Creaky Boards in New York, and Coldplay went about their business unscathed and Creaky Boards is left with an original song that everyone thinks is a Coldplay cover. I think it would be smart to copyright your own music and then discretely shop it around to record companies, radio stations or whoever first, and then make it publicly available only after those channels have been explored.
And yes, I realize it sounds like I'm showing off, but really, how often do I really get to sound like a non-blonde? I have to do it when I can, cause under this fair hair, I really do have a few brain cells that work!!! ;)
Hope for the hopeless, faith without anger. We can change the world...
Suzanne Olden
Actually it is a really good explanation. That was my initial question as well. As I've said, I work with intellectual property, which is what your songs are. The attribution is an important part and one that I regularly look for in reviewing for our (meaning the company I work for) marks and copyrighted materials that are being used with permission. For those who don't know what an attribution is, that's the line you see in books, articles, etc., that has the © with the year and name of the person who owns the work and "All rights reserved" i.e. "© 2009 Curt Smith. All rights reserved." or in the case of use of a logo that has been registered with the Trademark Office an example would be "KOOK is a registered service mark of KOOK Media, LLC" There is one at the bottom of this website page - with some, instead of all rights reserved.
One other misconception is that one needs to register their work with the US Copyright Office to establish a copyright. This isn't the case. Per the US Copyright Office FAQ's "A Copyright exists from the moment the work is created." You only need to register your work if you have an issue with infringement. My next question to you, Curt, would be if you are using Creative Commons, do you still register your works (songs, lyrics, etc.) with the USCO? I think I can assume yes from what you wrote about taking legal action - that would require the registration...yes?
Hope for the hopeless, faith without anger. We can change the world...
Suzanne Olden
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I have to admit it's very unlikely that a unknown artist would invent a new style of music that was so alluring that anyone would rip it off, but it's possible in theory so it's worth pondering how a musician would defend themselves. Established artists often have their styles copped, the Beatles of all people were said to have imitated Bob Dylan's style at one point.