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Steal This Music - How Intellectual Property Law Affects Musical Creativity (Paperback)
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Steal This Music - How Intellectual Property Law Affects Musical Creativity (Paperback)
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Is music property? Under what circumstances can music be stolen?
Such questions lie at the heart of Joanna Demers's timely look at
how overzealous intellectual property (IP) litigation both stifles
and stimulates musical creativity. A musicologist, industry
consultant, and musician, Demers dissects works that have brought
IP issues into the mainstream culture, such as DJ Danger Mouse's
""Grey Album"" and Mike Batt's homage-gone-wrong to John Cage's
silent composition ""4'33."" Demers also discusses such artists as
Ice Cube, DJ Spooky, and John Oswald, whose creativity is sparked
by their defiant circumvention of licensing and copyright issues.
Demers is concerned about the fate of transformative appropriation
- the creative process by which artists and composers borrow from,
and respond to, other musical works. In the United States, only two
elements of music are eligible for copyright protection: the master
recording and the composition (lyrics and melody) itself. Harmony,
rhythm, timbre, and other qualities that make a piece distinctive
are virtually unregulated. This two-tiered system had long
facilitated transformative appropriation while prohibiting blatant
forms of theft. The advent of digital file sharing and the specter
of global piracy changed everything, says Demers. Now, record
labels and publishers are broadening the scope of IP
""infringement"" to include allusive borrowing in all forms:
sampling, celebrity impersonation - even Girl Scout campfire
sing-alongs. Paying exorbitant licensing fees or risking even
harsher penalties for unauthorized borrowing has become the only
options for some musicians. Others, however, creatively sidestep
not only the law but also the very infrastructure of the music
industry. Moving easily between techno and classical, between
corporate boardrooms and basement recording studios, Demers gives
us new ways to look at the tension between IP law, musical meaning
and appropriation, and artistic freedom.
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