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Rahmatian, Andreas --- "Concepts of Music and Copyright" (Edward Elgar Publishing, 2015) [2015] ELECD 1263

Editor(s): Rahmatian, Andreas

Title: Concepts of Music and Copyright

Sub-title: How Music Perceives Itself and How Copyright Perceives Music

Topics: Cultural Heritage and Art Law; Intellectual Property Law

Publisher: Edward Elgar Publishing

Date of Publication: 30 October 2015

Number of pages: c 240

ISBN (hard cover): 9781783478187

EISBN: 9781783478194

Abstract/Description:

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.