Response Paper

Anderson et al 2000
Summary

This particular research paper analyses the relationship between copyright and
income production in the musical sector, and it is argued that proper copyright
management is critical in establishing the conditions for a successful music
industry in developing nations. The paper further argues that a strong copyright
system isn't just enough to ensure a thriving music sector, but institutional
arrangements would also be required in countries that want to maximise their
musical resources.This paper also addresses the ethical implications of the assumed
assumptions that underpin the notion of artistic freedom, as well as their
significance to the establishment of inequality regimes in the art world. In this
context, inequality refers not only to unequal opportunities and conditions in the
artistic and creative processes based on race, gender, sexuality, and age, but also to
the formation of disparities in terms of control over resources, goals, outcomes,
and recruitment processes, as well as wage, salary, and other monetary incentives.
The paper targets developing nations, as the paper focuses on highlighting about
the economic importance of copy rights being less valued in developing nations,
and argues that appropriate copyright administration is essential. The paper further
suggests that developing nations must not take copyrights for granted, by
highlighting the importance of copyrights in the music industry.

Thesis

By the information gathered from this particular paper, I believe that nurturing and
protecting artistic talent is critical because one's intellectual creativity must be
protected and should not be taken for granted. I also believe that different
institutions must be recognised in order to understand how the process of enforcing
various copyright regimes differs.
Arguments

I partially agree with the overall argument of the paper, about how protecting own
intellectual work is important and how various organizations must be involved in
the copy right process.

The concept of artistic freedom/autonomy is becoming increasingly related to

organisational ideals of equality, diversity, and inclusion in art and cultural
organisations. Ethical issues with artistic freedom and equality have been noted in
the performing arts, for example. As public-funded cultural institutions become
more consistently involved in achieving social equality goals, the tensions between
artistic freedom and equality efforts appear to grow more apparent.As stated in the
paper, “nurturing and protecting artistic talent is much more closely tied to the
organization and management of a growing market for the product”1,Although
artistic freedom is an important feature of a democratic society, it can foster the
systematic production and preservation of informal asymmetrical power relations
in artistic, creative processes if it is interpreted and used in specific ways. As a
result, the ethics of artistic freedom (as a luxury for only a few individuals of the
artistic process) will be masked, as will the ethicality of equality, diversity, and
inclusion.

The lack of defined definitions for artistic freedom leads to conflicting views of
artistic freedom and the promotion of equality, diversity, and inclusion. This creates a
nebulous ethical quandary in which artistic freedom and equality objectives are
mutually contradictory, and the ethicality and quality of the artwork can only be
protected by disregarding equality initiatives. As a result, the ethical dilemma
maintains the organization's status quo of systemic injustice. We regard this as a
concern that could contribute to the perpetuation of power imbalances, limiting
chances for some people, instilling stereotypical behaviour expectations, and creating
exclusionary inclinations.

1
Birgitte Andersen, Zeljka Kozul-Wright & Richard Kozul-Wright, COPYRIGHTS, COMPETITION AND
DEVELOPMENT: The Case of the Music Industry 1 (2000),
https://unctad.org/system/files/official-document/dp_145.en.pdf (last visited May 25, 2022).
With the second belief, that different institutions must be recognised in order to
understand how the process of enforcing various copyright regimes differs.IP rights
can be used and managed in a variety of ways, including producing and
distributing products that use patented methods or components, licencing IP rights
for others to use in exchange for royalties, or selling IP rights for a profit. IP rights
can also be used defensively to keep others out of certain areas of research or
product development, ensuring operational flexibility.An IP management strategy
should anticipate and clearly represent the contracting parties' expectations and
intentions for how IP rights will be managed and used.“It is important to
acknowledge the different institutional systems among countries when
understanding why different copyright regimes differ in their ways of enforcing
IPRs, and why they differ in trade-related aspects of copyright industries.”
2
Multiple parties engage at various phases of product development and value
chains in intellectual property processes, therefore it's critical to establish explicit
terms and conditions for future transfers of rights to third parties from the start. It's
especially vital to make sure that any third-party beneficiaries are subject to the
same IP requirements as the original user. When a transfer is approved, mutually
agreed terms should clearly declare that all of the originating user's IP duties
should flow to and be respected by the third party.

Conclusion

The definition of artistic independence collides with the societal ideals of equality,
diversity, and inclusion in an increasingly globalised world. Ethical difficulties in
the arts and cultural institutions are not isolated occurrences relating to a particular
component of personal morality. As we argue in this paper, well-intentioned
democratic ideals of artistic autonomy can be mobilised in interpretative practises
to defend the status quo and stifle measures aimed at equalising decision power in
the organisation regarding race, class, and gender structures—i.e. undemocratic
and unequal goals.

2
Birgitte Andersen, Zeljka Kozul-Wright & Richard Kozul-Wright, COPYRIGHTS, COMPETITION AND
DEVELOPMENT: The Case of the Music Industry 1 (2000),
https://unctad.org/system/files/official-document/dp_145.en.pdf (last visited May 25, 2022).