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Lots of thoughts circulating about the blockbuster Dylan deal today. As the creator and owner of the material, he is obviously free to do whatever he wishes with his IP, and this certainly seems like sensible estate planning. 1/
For scholars, I think the issue is somewhat complicated. In my experience, Dylan's office has been very accommodating of scholars and researchers. That's one, perhaps modest, reason that his stature has been assured: there was an understanding early on that having scholars 2/
talk about the music was a good thing. It was good not just for building the intellectual case for work's value, but good for assuring that it thus formed the core of a long, ongoing conversation. I can't help but draw connections to James Joyce--another artist who attracted 3/
lots of scholars early on. They found it easy to work with the Society of Authors, who initially managed (but did not own) his copyrights. When Stephen James Joyce, the author's grandson, gained control of the rights, however, things went haywire and it hurt 4/
Joyce scholarship badly since permissions and access were granted in odd, even malicious ways. Copyright terms now extend so long, that they will be controlled by second or even third-generation heirs who can be capricious, who might disagree with one another, or otherwise 5/
obstruct various kinds of scholarly work by denying permissions or charging high rents. In Dylan's case, Universal as a corporation will likely be indifferent to scholarship, but will almost certainly maintain standardized practices and rents that will prevent the 6/
capricious or malicious exercise of rights. This is not to say that corporate ownership of copyrights is ideal since in the end this is an asset like any other that must return a profit. It should, however, provide a consistent level of transparency for scholars, artists, 7/
and others who wish to build on and around Dylan's towering work. So, let's say two cheers this deal? (And consider taking a look at Heller's Gridlock Economy for more on the problem of too much v too little ownership.) 8/8
