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Copyright, Music, and Race : The Case of Mirror Cover Recordings
2020
Details
Title
Copyright, Music, and Race : The Case of Mirror Cover Recordings
Author
Brauneis, Robert
Item Type
Article
Description
33 pages
Summary
Has copyright law in the United States ever aided discrimination on the basis of race, or exploitation of or prejudice against racial minorities? Copyright legislation in the United States has never explicitly incorporated racial categories. However, particular features or doctrines of copyright law may arguably facilitate racial discrimination or exploitation, or disadvantage racial minorities, in a more focused manner. K.J. Greene, Candace Hines, and others have argued that copyright doctrines such as the fixation requirement, the idea/expression dichotomy, and the requirement of locating individual authors, as well as former doctrines such as notice and registration requirements and the requirement for written notation of music, have disadvantaged racial minorities, and African Americans in particular. This essay follows in those footsteps, and investigates another set of copyright doctrines that operated to the disadvantage of minority creators. Those doctrines concern copyright protection of musical works and sound recordings, and operated to deny composers and musicians rights in what they added to songs during the process of recording versions of them.
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Published
[Washington, DC, USA] : George Washington University Law School, 2020.
Language
English
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