A problem I see with APRA (and the rest of the rights network) seems partly simple to me, what is not free is dependent on what is free, to maintain a healthy creative environment, free things need to be shared to make things that are great. This is why creative commons is part of the solution.
If all the culture needs to be paid for yet everyone has the ability to create the same culture at home. Then the old system is obsolete, lawyers can argue all they want about it. Bottom line is that the consumer has become the creator of media.
The reason why the community can’t and don’t seem to respect copyright laws (i feel) is because the media does not provide entertainment of the community to the people. The media provide content owned by publishers. Publishers that provide content of the community need to be funded by the government and often end up publishing content like that of the published content anyway. Crazy system of culture. Until consumers are able to provide their content at a competitive rate to media (=free) organizations like APRA are going to destroy any culture that would manifest itself. APRA is not a practical solution anymore.
Its not APRA’s fault, its the ACCC fault (i reckon) for not placing further regulations on this monopoly and not getting a community perspective on APRA’s impact. The ACCC look towards the business community and established artists for feedback, not the self publishing community. Every consumer is now a self publisher with the internet and new technology. I have spoken to the ACCC and they don’t appear to be able to comprehend this simple idea. They see the way APRA is set up as a legitimate form of exploitation of the consumer.
APRA do not disclose the cost for use of its media to the public and do not allow self publishing artist members to deal with their art directly with any form of media at a competitive rate. Internet radio is not possible in Australia, yet is possible in the US.
The price of well published content like Madonna is the same price as content made at home for fun when played in a cafe, bar, cinema (all public performance places). APRA consider almost all use of music a commercial use (outside personal use) and have no exceptions to this policy. APRA offer no platform for the home creator to publish to media at no cost, in fact if a bar or cafe play your cd and you are not a member of APRA, they have broken copyright law and you could sue them for not having a contract with you.
Was/is the intention of the art you created dollar signs, or did you just want it to be heard. Is it fair that the right to copy should always include a financial transaction when used by media? It seems like some things created were intended to gain financial rewards, yet other art is creative and fun. Surely both free and non-free are dependent on each other. If they are not dependent on each other, where is the need for the publishers to interact with the community?
If a space, place, network does incorporate open licensed content into regular media, how can they be sure that they will be treated equally among their competitors unless the way that content is priced is made clear to all? Consider that the board of directors of APRA is made up by music industry professionals, never has a self publishing independent artist (that has not been published at some point) been on the board of any rights organization that i’m aware of.
Consider also that the authority that advises the consumer on how to deal with copyright the (copyright council) has one board member that is also the Chief executive of APRA. link link
From what i understand, the consumer and self publishing artists in Australia would be better off if APRA was dissolved and commercial rights were administered via ASCAP in the US. Thats the unfortunate reality from my view. ASCAP allow the artist members to license their content as they choose and remain a member.
As stream line as APRA’s collection system is, it still suffocates the art and creativity within the community. The situation can only get worse while APRA exist as they do. Organizations like myspace and you-tube not paying for content, yet the live venues having to pay, this makes the situation more extreme within the community for self publishing of art and effects every consumer. Under these conditions, councils best make graffiti legal.
Brett Cottle responds to paper on creative commons.
Brett Cottle Cheif executive of APRA says
“What can be said, I think is that there is surely nothing inherently undesirable about non-Government IP licensing initiatives, nor indeed anything inconsistent in such developments with a proper legislative role being taken by Government.” quote from this link
Would the rights of “self published” artists be better managed by the government or APRA? Much of the cultural funding of art seems to be associated with APRA, is this how tax dollars are best spent?