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A creative professional often sees the high value in free exposure and publicity versus the

copyright implications in having masses of people share and copy their creative works.

and to object to derogatory treatment of the work.

Thesevaluablerightsarethesubjectofnegotiations,

and the quality of the work along with the desires

of the parties involved are what guide the earnings,

terms and conditions of the agreement.

Digital Distribution

Not to complicate matters further, but a

negotiation, as it is implied here, may not be

with a person, since posting videos and other

copyright works on platforms such as YouTube,

iTunes and Facebook are also done under licence.

Simply by being a user of these platforms, you

have agreed to the terms and conditions which

have strong provisions on IP ownership and use.

A creative professional often sees the high value in

free exposure and publicity versus the copyright

implications in havingmasses of people share and

copy their creative works. There are simple tools

and tricks whichminimise the devaluation of the

work on the Internet; for example, technological

protection measures (TPMs) which encrypt

and block unauthorised use or access. Also,

watermarking of an image or uploading of only a

portion instead of an entire work can encourage

users to pay for access to the full version.

There are several benefits of the use of the various

platforms available to distribute content over the

Internet. Communication technology haswidened

the pool of willing buyers to anyone who can send

that product, sometimes within seconds of being

paid for. Digital goods such asmovies, photographs,

music and even website design have become in-

demand commodities which could be provided

by anyone and instantly transferred to cellular

phones and smart televisions alike. Keeping in

mind that, by law, a creative professional has the

exclusive rights to decipher when and where his

or her copyright work is used, the Internet is not

exactly themost reliable space for protection of IP

overall. For those creative professionals who have

no issue with giving more liberal access to their

works, there are platforms such as the Free Music

Archive

(freemusicarhive.org)

and SoundCloud

(

soundcloud.com)

where you agree to a Creative

Commons licence, which can allow for varying

levels of public access to the work based on the

creative professional’s choice.

However, for those who are using the Internet as a

direct income earner fromcopyright transactions,

unregulated distribution and access to the public

of the work is equivalent to giving quality goods

away for free. Enforcement of action against

infringements over the Internet is particularly

difficult, which makes it very important to take

the right measures from the outset. Depending

on a creative professional’s target audience and

budget, they are able to choose from the many

platforms available for distribution of their works,

such as the iTunes Store and Amazon Music for

music files, and YouTube or Vimeo for video files.

Photographers have platforms available to themas

well, through Shutterstock. Budget is important

since it is obvious that the platforms will charge

users for services which can boost visibility.

Therefore, a creative professional should also

consider the ability to earn income using these

channels, but in any case these aremajor sites with

high consumer traffic which increase the earning

potential of a creative professional’s products.

Even those which are free can bring immense

value through the publicity. Justin Bieber, Kate

Upton, Psy and Adele are all notable names in the

creative industries whowere originally discovered

on the Internet.

It is obvious that a creative professional cannot

monitor global use of his or her works alone,

considering the many persons, known and

unknown, who can access and use a work with

and without his or her knowledge. Collective

Management Organizations (CMOs), otherwise

Clearing the Hurdles

104

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