How does one value artistic creation? It is a question that we have explored since humans began creating art. As artists, “value” typically has a certain meaning: value to our souls and to the world, value to humanity and to the betterment of mankind. By Brian Cole, Chancellor of the University of North Carolina School of the Arts (UNCSA)
However, it cannot be ignored that there is an actual value ascribed to arts and culture, to the point that we call it the “arts and entertainment industry”. As business models shift, it is ever more essential that artists understand their ownership and intellectual property (IP) rights and have the wider tools to develop their careers and create revenue.
At the University of North Carolina School of the Arts (UNCSA), we feel it is essential to endow our students with a strong belief and understanding of the value of their creations. Our students create an immense amount of original work daily, be that through art, music, theatre, choreography or written work. Some of that work is great, and some of it isn’t. Some of it is a first iteration that will develop into something great. Some of it may be very good but hasn’t found its audience or market yet. Some of it might be loved by many, and some of it might be loved intensely by a few. The value of the creation is not something we can determine initially as it is subjective and evolves over time, as the artist revises and refines it, as it reaches new audiences and as it comes into focus with changing tastes or attitudes in society or the market. A number of factors are always in play. But one thing is certain: artists cannot fully take advantage of the value of what they create if they do not start from a place of ownership of, and some control over, what they create — their intellectual property.
The reality is that throughout history, other people or entities have profited from what artists have created, and not often the artists themselves — and certainly not to the same degree.The changing nature of IP rights has impacted artists across every discipline, as legal principles fail to remain apace with emerging technologies and innovative business models. In recent decades, the most notable examples have appeared in the music industry, with streaming models redirecting profits to IP holders, often not the artists that created the work.
This has left artists with diminishing returns and limited power within the ecosystem. And then there is the issue of ownership of master recordings. Look no further than Taylor Swift and her highly publicised dispute over the rights to her recorded masters to see how the issue can play out to an international arena. However, Swift’s experience is not unique, with thousands of musicians facing a similar fate, yet lacking the funds and visibility to do anything about it.
The ongoing evolution of the music, TV and film industries now includes the integration of artificial intelligence, a technology that will have extreme implications for composers, writers and other creative artists. Whilst the issue was a focus of recent actors’ strike action, the technology’s effects continue to pose a risk to the creative sector that will likely worsen as the technology develops.
Given the myriad of obstacles facing young creators, it is essential that educators communicate the importance of ownership to the next generation of artists and teach students how to leverage their IP rights to advance their careers. Our new publishing arm, UNCSA Media, is playing a key role in this mission, providing a platform to publish and promote the work of our artists whilst creating a space for experiential learning in media publishing and IP management. As the sector adapts to transformative change across the economy, we must not forget the fundamental importance of artistic ownership.
Without it, we are left dependent on powerful institutions, shifting business models and emerging technologies, with no space for the artistic risk that fuels new creations.
Brian Cole is Chancellor of the University of North Carolina School of the Arts (UNCSA)