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Vol 25 No 2 Feb/March 2020

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Concepts of Music and Copyright: How Music Perceives Itself and How Copyright Perceives Music

Edited by: Andreas Rahmatian

ISBN13: 9781783478187
Published: October 2015
Publisher: Edward Elgar Publishing Limited
Country of Publication: UK
Format: Hardback
Price: £90.00

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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.

Intellectual Property Law, Media and Entertainment Law
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 InterestsMartin 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' Bjorn 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 Heald