Copyright, User Rights, and Licenses

This article covers, among other things, copyright and licensing works. If you’ve created something, you naturally want to share your work with the public. Once it’s out there, it becomes public. That doesn’t mean, for example, that anyone can simply make a copy of your work or modify it without your permission. Conversely, as a venue or platform, you can expect to pay a fee when you use the work of others. Copyright law is quite complex, but at the same time, it can be summarized fairly simply.

What is copyright?

Copyright, like patent law, trademark law, and related rights, is a component of intellectual property law. Anything created by a person that has a specific form, a personal touch, or an original character may be protected by copyright. Copyright can be divided into moral rights and economic rights:

• The right to personality is a moral right. It protects the personal, authentic nature of the work.
• The right of exploitation pertains to substantive law. It refers to the right you have, as the creator, to publish, copy, adapt, or transform a work into another form. Someone else may do so only with your permission.

Resale Right

Intellectual property law is an umbrella term that encompasses, among other things, copyright, design rights, trademark law, and patent law. The resale right refers to the right of creators of original graphic or visual artworks to receive a percentage of the price when their work is resold.

Neighboring Rights Act: For Performing Artists and Producers

Under this law, every music creator is entitled to reasonable compensation when their music is performed. This pertains to the performance of the music and is therefore important for both the performing musician and the producer. Related rights also include the master right, which concerns the rights to the specific recording of a musical work. Master ownership also applies to the use of your music in, for example, a commercial, movie, or TV series.

How do you register a work?

When you create something, you automatically hold the copyright to that work. However, it may sometimes be necessary to prove this, for example, if you are accused of plagiarism. That’s why it can be helpful to register the work through a notary or via online channels. Sending the work to yourself by certified mail and leaving the envelope unopened is also a good step to take. If you create or design something while employed, it’s important to have clear agreements with your employer regarding copyright. This is because copyright automatically vests with the employer. You can hold copyright in works that are original in nature or perceptible to the senses. An idea can therefore only be protected by copyright once it has been put on paper; however, it does not yet need to have reached its final form. Copyright applies even to preliminary sketches.

Transfer or License

You can transfer copyright or acquire it from someone else. That can be quite a hassle, and it often isn’t in the creator’s best interest. It’s better to choose to license your work. This means that people are allowed to use it for a specific period or under certain conditions. In exchange, you receive compensation. You can draw up an agreement for this yourself and renew it if necessary.

Creative Commons

Take a look at the Creative Commons website. There, you can easily add a license to your work and share it with others. They can then use it in exchange for a fee or by, for example, providing attribution.

Generating Income Through Music

If you’ve created a work, it’s nice to generate income from it so you can finance it. You can attach a condition to your copyright, such as requiring that your name be credited or that a fee be paid. You receive that income, for example, when you license the work or when it is collected by an organization that manages copyrights.

Who gets what?

The amount you can charge for this depends on the work you’ve done and how it came about. Consider, for example, everyone’s role in the overall project. Did you do everything on your own, or are there multiple band members? Are you the producer, or is someone else handling that for you? Have you made agreements with a label or publisher? In any case, make sure you always establish clear agreements and put them in writing; and if you’re offered a contract, it’s important to read it carefully. Put it in writing, because a verbal agreement can’t be verified.

How much do you earn per channel?

There are countless ways to distribute a work, especially in this day and age with so many different media. Different rates apply across all channels. Below are a few examples.

Streaming

A lot of music is streamed these days. An organization like BUMA/STEMRA has licensing agreements with Spotify, YouTube, iTunes, and online radio stations. Every time your work is used, you receive a small royalty, which the organization settles with you.

Radio and television

For radio and television, you receive a fee for every second the content is broadcast. This fee can be collected by a copyright management organization. The per-second rates vary by broadcaster.

Music Videos

When a music video is shown on television, you can receive compensation for both the song (if you wrote it) and for the “performance” in the video.

Performance

For a performance, the compensation you receive (through BUMA/STEMRA) depends on many factors. For example, it takes into account your fee, the number of attendees, and the admission price.

Artists' Fees

The above applies particularly to the music industry. Within the arts sector, there are many different types of professions, all of which may charge different rates. On this website, you can read more about artists’ fees.

Copyright and Film: The Producer Has a Strong Position Under Copyright Law

We’re addressing this separately here because it concerns a legal exception to copyright law. In the case of films, the creator or author transfers their rights to the producer. This is because, otherwise, a single creator could hold up an entire production, even if 100 people were working on it. There are exceptions to this rule, but they are rare. The producer is therefore the one who can release the film. Of course, it is up to the producer to offer compensation to those who made the film. This is set out in a contract. Incidentally, you are only officially considered a producer if you secure the necessary financing for the film, assume liability, and have brought the creators together. Furthermore, anyone who has created something that can be distributed separately from the film (such as the music or the screenplay) may share it with others. If you agree otherwise among yourselves, this can be included in the agreement.

Exploitation of Copyright by Organizations

In another article, we described a number of organizations that can manage your copyright on your behalf. They ensure that you receive a royalty payment whenever people use your work. These organizations have different terms and conditions. Take a close look at them and determine what your legal position is. Then you can easily weigh the pros and cons of joining.

Test Your Knowledge

We found a few more tests on beroepkunstenaar.nl that you can use to check whether you know enough about copyright.

• Fine art
• Design
• Music
• Music on the Internet
  

Interesting links

We have a few more links for you to help you find more information. Platform Makers has launched a website and posted two videos and a booklet online. This is related to the value of copyright. Here are the videos:

• The Value of Copyright, Part 01 | Copyrights are property rights.
• The Value of Copyright, Part 02 | Sharing in Profits

You can download the booklet *The Value of Copyright* here.

Disclaimer

While writing this article, we found the information available on the website beroepkunstenaar.nl to be extremely helpful.

If, from your expertise, you yourself have knowledge that would fit this topic, or if you see opportunities to improve this text, we look forward to receiving your message at info@cultuuracademy.nl.