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Concepts of Music and Copyright

How Music Perceives Itself and How Copyright Perceives Music Edited by Andreas Rahmatian, School of Law, University of Glasgow, UK
Copyright specialists have often focused on the exploitation of copyright of music and on infringement, but not on the question of how copyright conceptualises music. This highly topical volume brings together specialists in music, musicology and copyright law, providing a genuinely interdisciplinary research approach. It compares and contrasts the concepts of copyright law with those of music and musical performance. The contributors discuss the notions of the musical work, performance, originality, authorship in music and in copyright, and co-ownership from the perspective of their own disciplines. The book also examines the role of the Musicians’ Union in the evolution of performers’ rights in UK copyright law, and, in an empirical study, the transaction costs theory for notice-and-takedown regimes in relation to songs uploaded on YouTube.
Extent: 256 pp
Hardback Price: $126.00 Web: $113.40
Publication Date: 2015
ISBN: 978 1 78347 818 7
Availability: In Stock
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  • Law - Academic
  • Cultural Heritage and Art Law
  • Intellectual Property Law
Copyright specialists have often focused on the exploitation of copyright of music and on infringement, but not on the question of how copyright conceptualises music. This highly topical volume brings together specialists in music, musicology and copyright law, providing a genuinely interdisciplinary research approach. It compares and contrasts the concepts of copyright law with those of music and musical performance. Several tensions emerge between the ideas of music as a living art and of the musical work as a basis for copyright protection.

The expert contributors discuss the notions of the musical work, performance, originality, authorship in music and in copyright, and co-ownership from the disciplinary perspectives of music, musicology and copyright law. The book also examines the role of the Musicians’ Union in the evolution of performers’ rights in UK copyright law, and, in an empirical study, the transaction costs theory for notice-and-takedown regimes in relation to songs uploaded on YouTube.

This unique study offers an interdisciplinary perspective for academics, policymakers and legal practitioners seeking a state-of-the-art understanding of music and copyright law.
‘I've long known that musicians understand copyright law as little as copyright lawyers understand music, but this book shows brilliantly that such mutual ignorance is deeply rooted in historical, philosophical and practical arguments about music making. In persuading both musicologists and legal theorists to address issues of authorship, creativity, property and performance, Andreas Rahmatian has put together a collection that is essential reading for anyone concerned with the uneasy relationship of music and law. This is a sophisticated, instructive and stimulating book.’
– Simon Frith, University of Edinburgh, UK

‘Rahmatian’s edited collection in ‘Concepts of Music and Copyright’ is provoking and revelatory. It is an elegant colloquy between four musicologists and four lawyers. The resultant discourse reveals a rich seam of amazing stories and judicial decisions on authorship, creativity and the law in the sphere of musical composition and performance. The book is not only for music scholars and copyright lawyers, but is ideal for any scholar who professes to enjoy socio-legal philosophy, music lore, or the history of ideas. Needless to add, it is a must-have for copyright judges.’
– Uma Suthersanen, University of London, UK

‘This collection considers the blurred lines between copyright law and music – from early musicology to the Golden Age of MTV and the rise of YouTube and mash-ups. It explores key concepts such as copyright works, subject matter, authorship, originality, copyright infringement, safe harbours, and takedown notices. This collection also examines the clash between legal theories of music, and perceptions of copyright law in musical communities.’
– Matthew Rimmer, Queensland University of Technology (QUT), Australia

‘The editor and authors of this fascinating collection are to be highly praised for their excellent scholarship. How Music Perceives Itself and How Copyright Perceives Music ought to be required reading for all those who have an interest in copyright law in the context of musical authorship, performance and licensing.’
– Queen Mary Journal of Intellectual Property

Contributors: J. Butt, M. Parker Dixon, A. Firth, P.J. Heald, B. Heile, A. Rahmatian, C. Waelde, J. Williamson
Contents:

Introduction

1. What is a ‘Musical work’? Reflections on the Origins of the ‘Work Concept’ in Western Art Music
John Butt

2. Music Performed: What is Beyond the Score?
Charlotte Waelde

3. Creativity and Possessive Interests
Martin Parker Dixon

4. The Elements of Music Relevant for Copyright Protection
Andreas Rahmatian

5. Who wrote Duke Ellington’s Music? Authorship and Collective Creativity in ‘Mood Indigo’
Björn Heile

6. Music and Co-authorship/Co-ownership
Alison Firth

7. For the Benefit of All Musicians? The Musicians’ Union and Performers’ Rights in the UK
John Williamson

8. How Notice-and-Takedown Regimes Create Markets for Music on Youtube: An Empirical Study
Paul J. Heald

Index