There's a
lot of discussion on the forums about where and how one should license their music for online distribution, but a recent story makes me wonder if artists should also advocate for more consumer-friendly end-user licensing terms perhaps even as part of an effort to regain a favorable position in the public mindshare after years of hostility to the digital domain.
Bruce Willis Might Sue Apple Over iTunes - Forbes
Bruce Willis fights to leave his iPod tunes to his family: Actor considering legal action against Apple in battle over who owns songs downloaded from iTunes | Mail Online
(I'd normally avoid linking to Daily Mail as any sort of reference, but they appear to be the originator of this story, and in this instance it's not actually a bad article.)
The situation is complicated because the prohibition against transferring the rights to the licenses for use of the digital files is not solely a result of Apple policy; the copyright-holding distributors who provide material to iTunes very surely do so on condition that the license provided to end-users is non-transferrable and for personal use only. But now that more and more of our personal possession are taking the form personal-use
licenses for digital data, there's going to be a lot of controversy in the coming years over what happens to these rights when we die, and if non-transferrable digital-goods licenses should even be allowable in the first place; is it simply an unfair business practice (
the European Union is trending toward this conclusion)?
Bruce Willis' situation isn't the first time this problem has come up --
many pundits have previously remarked on the matter -- but a high-profile celebrity drawing attention to the issue can certainly raise the stakes. So I ask fellow musicians here: do you know if your distributor insists on non-transferrable licensing clauses? (Of course, if they didn't, would the digital storefront even care? It might be even worse for the consumer if there were different terms for each purchase from iTunes.) What's your personal opinion on digital file transfer/inheritance rights; do you think purchasers of your music should have the option to bequeath their licenses after death? What about before their death? Do you think this is even an important issue for artists to care about?