March 30, 2019

Who needs copyright? The creative process and the creator

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From many conversations and in the framework of my work with artists from a variety of creative fields – dancers, musicians, writers, entrepreneurs, etc., a great frustration was revealed when the artist experiences the copying of his work. The experience is described as theft even if the financial damage does not necessarily cause the creator and in any case indicates a deep pain.

Some artists feel that the copyist without permission simply erases them, and with this erasure not only eliminates the creator but also the whole journey of life, the many hours of investment and experiences that were a melting pot for that refined thing that became a work. And there is no entry here to evaluate the value of the work at all, but only on the very fact that it is the fruit of the creator’s belly.

There are those who distinguish between a work in progress and a finished work:

In the process of creation, the creator moves into the inner womb and out of the darkness, magic combines pain of love and torment, and a “shrapnel” that will then be transformed, in one way or another, into the finished product or simply remain as ideas for later processing, if at all.
The viewer can observe, but there is a sense of preoccupation with holiness and no one to penetrate the intimate circle of the creator with his work.

In these early stages, by the way, you see it already in small children, the creator asks the observer something else main – “Please do not interrupt” …. “Let me finish my saying, let me spread my soul in silence and my pace ..”
Then, perhaps, by choice of the creator, there will be room for feedback.

And if it is impossible to intervene, is it permitted to copy in secret, in such silence? Well, at this stage the feeling in the creator is that it is absolutely forbidden to copy … because it is like taking pieces of the heart from the creator, before turning them into a work that is left behind.

The request is – if it is burning to say something .. ask if this is the time … because sometimes judging comments and transcriptions at this stage can be devastating for the creator and “exonerate” the desire to continue … as if the holy place was desecrated.

* And what happens when the work is complete?
Before copying, you have to give the creator the respectful place as a creator, to respect the process, to authenticity, and then you can ask – is it permissible to copy one part or another? … If there is agreement, always give credit to the creator …
And all this before any discussion about how the law protects the creator, what is considered a violation, what is considered copying, and what is the legal fine involved, what royalty is customary to give, etc .. (to be detailed in the follow-up articles).

And works that are for sale?
The recommendation is .. Think twice before you haggle over the value of the piece that the actual purchase of the piece buys and creates time to keep creating ….

All Copyrights reserved Ronit Talor

Ronit Talor LLP