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.
Formatted Contents Note
Introduction 1. What is a ‘Musical work’? Reflections on the Origins of the ‘Work Concept’ in Western Art Music 2. Music Performed: What is Beyond the Score? 3. Creativity and Possessive Interests 4. The Elements of Music Relevant for Copyright Protection 5. Who wrote Duke Ellington’s Music? Authorship and Collective Creativity in ‘Mood Indigo’ 6. Music and Co-authorship/Co-ownership 7. For the Benefit of All Musicians? The Musicians’ Union and Performers’ Rights in the UK 8. How Notice-and-Takedown Regimes Create Markets for Music on Youtube: An Empirical Study Index