Read The Times Australia

Daily Bulletin

Everything he does, he does it for us. Why Bryan Adams is on to something important about copyright

  • Written by: Rebecca Giblin, ARC Future Fellow; Associate Professor, Monash University
The Conversation

Last Tuesday Bryan Adams entered the copyright debate.

That’s Bryan Adams the singer and songwriter, the composer of “(Everything I Do) I Do It for You”, and “Summer of ’69”.

Authors, artists and composers often have little bargaining power, and are often pressured to sign away their rights to their publisher for life.

Adams appeared before a Canadian House of Commons committee to argue they should be entitled to reclaim ownership of their creations 25 years after they sign them away.

No control until after you are dead

In Canada they get them back 25 years after they are dead, when the rights automatically revert to their estate. In Australia our law used to do the same, but we removed the provision in 1968. In our law, authors are never given back what they give away.

Some publishers voluntarily put such clauses in their contracts, but that is something they choose to do, rather than something the law mandates.

Australia’s copyright term is long. For written works it lasts for 70 years after the death of the author. It was extended from 50 years after death as part of the Australia-United States Free Trade Agreement.

What copyright is for

Copyright is a government-granted limited monopoly to control certain uses of an author’s work.

It is meant to achieve three main things: incentivise the creation of works, reward authors, and benefit society through access to knowledge and culture.

Incentive and reward are not the same thing.

The incentive needn’t be big

The copyright term needed to provide an incentive to create something is pretty short.

The Productivity Commission has estimated the average commercial life of a piece of music, for example is two to five years. Most pieces of visual art yield commercial income for just two years, with distribution highly skewed toward the small number with a longer life. The average commercial life of a film is three to six years. For books, it is typically 1.4 to five years; 90% of books are out of print after two years.

It is well accepted by economists that a term of about 25 years is the maximum needed to incentivise the creation of works.

But the rewards, for creators, should be

The second purpose is to provide a reward to authors, beyond the bare minimum incentive needed to create something. Quite reasonably, we want to give them a bit extra as thanks for their work.

But, in practice authors, artists and composers are often obliged to transfer all or most of their rights to corporate investors such as record labels or book publishers in order to receive anything at all.

In the film and television industries it is not unusual for creators to have to sign over their whole copyright, forever – and not just here on Earth but throughout the universe at large.

Read more: Life plus 70: who really benefits from copyright's long life?

It means investors don’t just take what is needed to incentivise their work but most of the rewards meant for the author as well.

This isn’t new. Creators have been complaining since at least 1737 that too often they have no choice but to transfer their rights before anyone knows what they are worth.

Other countries do it better

In recognition of these realities, many countries, including the US, have enacted author-protective laws that, for example, let creators reclaim their rights back after a certain amount of time, or after publishers stop exploiting them, or after royalties stop flowing. Other laws guarantee creators “fair” or “reasonable” payment.

Australia stands out for having no author protections at all.

Read more: Australian copyright laws have questionable benefits

Canada’s law already protects authors by giving rights back to their heirs 25 years after they die. Bryan Adams’s proposal is to change one word in that law. Instead of copyright reverting to the creator 25 years after “death”, he wants it to revert 25 years after “transfer”.

Copyright is meant to be about ensuring access

Handing rights back to creators after 25 years would not only help them secure more of copyright’s rewards, it would also help achieve copyright’s other major aim: to promote widespread access to knowledge and culture.

Right now our law isn’t doing a very good job of that, particularly for older material.

Copyright lasts for so long, and distributors lose financial interest in works so fast, that they are often neither properly distributed nor available for anyone else to distribute.

Read more: Australian copyright reform stuck in an infinite loop

In the book industry my research into almost 100,000 titles has found that publishers license older e-books to libraries on the same terms and for the same prices as newer ones. That includes “exploding” licences which force books to be deleted from collections even if nobody ever borrows them.

Publishers are interested in maximising their share of library collections budgets, not ensuring that a particular author continues to get paid or a particular title continues to get read.

As a result libraries often forgo buying older (but still culturally valuable) books even though they would have bought them if the publisher cared enough to make them available at a reasonable price.

Restricting access to books is not in the interests of authors or readers.

… and directing rewards where they are needed

If rights reverted after 25 years, as I have proposed and as Adams now proposes, authors would be able to do things like license their books directly to libraries in exchange for fair remuneration – say $1 per loan.

If authors weren’t interested in reclaiming their rights, they could automatically default to a “cultural steward” that would use the proceeds to directly support new creators via prizes, fellowships and grants – much like Victor Hugo envisaged with his idea of a “paid public domain” back in 1878.

We could do it all without changing the total copyright term imposed on us by the Australia-US Free Trade Agreement and other treaties. We could get creators paid more fairly while keeping Australian culture alive.

Reversion is the key.

Authors: Rebecca Giblin, ARC Future Fellow; Associate Professor, Monash University

Read more http://theconversation.com/everything-he-does-he-does-it-for-us-why-bryan-adams-is-on-to-something-important-about-copyright-103674

Business News

How Telematics Helps Australian Companies Improve Productivity

Operating a commercial fleet in Australia is a uniquely demanding endeavour. Between the sprawling urban sprawl of cities like Sydney and Melbourne and the immense, unforgiving stretches of the Outb...

Daily Bulletin - avatar Daily Bulletin

Inside the Icon: The BridgeMuseum Officially Opens at the Sydney Harbour Bridge

A bold new way to experience one of Australia’s most recognisable landmarks has arrived, with BridgeClimb Sydney officially opening the all-new BridgeMuseum.  Located inside the Sydney Harbour Brid...

Daily Bulletin - avatar Daily Bulletin

Is Your Brand Showing Up in AI Search? Most Melbourne Brands Aren't.

The New Front Door Nobody Told You About Something changed. Quietly. Without a press release. The way buyers find businesses in Australia has been rewired. Not replaced, rewired. Google isn't dead...

Daily Bulletin - avatar Daily Bulletin

How Australian Businesses Can Measure SEO ROI

SEO can feel vague when you are staring at a dashboard full of numbers that do not clearly connect to revenue. The key is to measure the right signals in the right order, then tie them back to outcome...

Daily Bulletin - avatar Daily Bulletin

How Commercial Roller Shutters Improve Site Security Without Slowing Operations

Security upgrades can be frustrating when they make everyday work harder. A door that takes too long to open, creates bottlenecks at shift change, or fails at the worst time can turn “better protectio...

Daily Bulletin - avatar Daily Bulletin

Why a Document Destruction Service Still Matters for Modern Businesses

Businesses generate large volumes of information every day, from staff records and contracts to invoices, reports and customer files. While attention often focuses on how documents are stored, the way...

Daily Bulletin - avatar Daily Bulletin

Bicycle Rack Safety and Space-Smart Storage

Bike storage problems usually show up as small annoyances first: tangled handlebars, scratched frames, and bikes that topple when you pull one out. Over time, those issues become safety risks, especia...

Daily Bulletin - avatar Daily Bulletin

How to Tell if a Childcare Centre Is a Good Fit for Your Child

Choosing childcare can feel like you’re making a huge decision with limited information. Tours are short, centres are often on their best behaviour, and your child might act differently in a new space...

Daily Bulletin - avatar Daily Bulletin

Car Import Timeline: What Usually Happens at Each Stage

Importing a car into Australia can feel confusing because multiple agencies and checkpoints are involved, and the timeline is shaped as much by paperwork quality as it is by shipping speed. The most u...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Gold Migration Lawyers in Liquidation: How the Closure Affects Your ART Appeal

If your appeal was with Gold Migration Lawyers, a recent change to how the Tribunal decides cases ...

The pressure cooker: life in urban Australia in 2026

Australian cities have always been demanding. Long commutes, rising housing costs, busy schedules a...

What Actually Makes a Good Criminal Lawyer in Melbourne

Most people only think about this question once. That is usually too late. Most people charged wi...

Why Working With A Chatswood Tutor Can Improve Academic Performance

Academic expectations continue increasing for students across primary school, high school, and senio...

Is It Worth Getting Solar Panels in Melbourne?

The real question is not whether solar works in Melbourne. It works. The question is what it is co...

How A Diploma Of Project Management Builds Practical Skills For Modern Work Environments

Developing the ability to plan, execute, and deliver outcomes efficiently is a key requirement in to...

How to Choose the Right Football for Every Level

Choosing a football may seem straightforward, but the right option depends on who will be using it a...

What to Ask a Wedding Photographer Before You Book

Booking a wedding photographer can feel deceptively simple: you like the photos, you like the vibe...

Why Stress Relief For Dogs Is Essential For Emotional Balance And Long-Term Wellbeing

Managing emotional health is just as important as physical care when it comes to pets, which is why ...