This ground-breaking book examines the multifaceted dynamics between copyright law and music borrowing within a rich diversity of music genres from across the world. It evaluates how copyright laws under different generic conventions may influence, or are influenced by, time-honoured creative borrowing practices.Leading experts from around the world scrutinise a carefully selected range of musical genres, including pop, hip-hop, jazz, blues, electronic and dance music, as well as a diversity of region-specific genres, such as Jamaican music, River Plate Tango, Irish folk music, Hungarian folk music, Flamenco, Indian traditional music, Australian indigenous music, Maori music and many others.This genre-conscious analysis builds on a theoretical section in which musicologists and lawyers offer their insights into fundamental issues concerning music genre categorisation, the typology of music borrowing and copyright law's ontological struggle with musical borrowing in theory and practice. The chapters are threaded together by a central theme, ie, that the cumulative nature of music creativity is the result of collective bargaining processes among many 'musicking' parties that have socially constructed creative music authorship under a rich mix of generic conventions.
Formatted Contents Note
Foreword Acknowledgements List of Contributors List of Figures Introduction: Music Borrowing and Copyright Law I. Introduction Part I: Music Genres, Borrowing and Copyright 1. Defining Music Genres: Critical Issues with Music Taxonomies 2. A Brief History and Typology of Musical Borrowing and Reworking 3. Litigating Musical Universals and Particulars: Copyright Law's Ontological Struggle with Music Borrowing 4. We Can Work It Out: Methods in Forensic Musicology 5. Forensic Musicology in Action: A Personal Perspective 6. Borrowing from Traditional Culture: Ownership and Commodification of Traditional Music from a Cultural Custodianship Perspective Part II: Analysing Music Genres and their Relationship with Copyright Section A: General Section B: Americas Section C: Europe Section D: Africa and Middle East Section E: Asia and Oceania Index