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Democracy of Sound is the first book to examine music piracy in the
United States from the dawn of sound recording to the rise of
Napster and online file-sharing. It asks why Americans stopped
thinking of copyright as a monopoly-a kind of necessary evil-and
came to see intellectual property as sacrosanct and necessary for
the prosperity of an "information economy." Recordings only became
eligible for federal copyright in 1972, following years of struggle
between pirates, musicians, songwriters, broadcasters, and record
companies over the right to own sound. Beginning in the 1890s, the
book follows the competing visions of Americans who proposed ways
to keep obscure and noncommercial music in circulation, preserve
out-of-print recordings from extinction, or simply make records
more freely and cheaply available. Genteel jazz collectors swapped
and copied rare records in the 1930s; radicals pitched piracy as a
mortal threat to capitalism in the 1960s, while hip-hop DJs from
the 1970s onwards reused and transformed sounds to create a freer
and less regulated market for mixtapes. Each challenged the idea
that sound could be owned by anyone. The conflict led to the
contemporary stalemate between those who believe that "information
wants to be free" and those who insist that economic prosperity
depends on protecting intellectual property. The saga of piracy
also shows how the dubbers, bootleggers, and tape traders forged
new social networks that ultimately gave rise to the social media
of the twenty first century. Democracy of Sound is a colorful story
of people making law, resisting law, and imagining how law might
shape the future of music, from the Victrola and pianola to iTunes
and BitTorrent.
It was a time when music fans copied and traded recordings without
permission. An outraged music industry pushed Congress to pass
anti-piracy legislation. Yes, that time is now; it was also the era
of Napster in the 1990s, of cassette tapes in the 1970s, of
reel-to-reel tapes in the 1950s, even the phonograph epoch of the
1930s. Piracy, it turns out, is as old as recorded music itself. In
Democracy of Sound, Alex Sayf Cummings uncovers the little-known
history of music piracy and its sweeping effects on the definition
of copyright in the United States. When copyright emerged, only
visual material such as books and maps were thought to deserve
protection; even musical compositions were not included until 1831.
Once a performance could be captured on a wax cylinder or vinyl
disc, profound questions arose over the meaning of intellectual
property. Is only a written composition defined as a piece of art?
If a singer performs a different interpretation of a song, is it a
new and distinct work? Such questions have only grown more pressing
with the rise of sampling and other forms of musical pastiche.
Indeed, music has become the prime battleground between piracy and
copyright. It is compact, making it easy to copy. And it is highly
social, shared or traded through social networks-often networks
that arise around music itself. But such networks also pose a
counter-argument: as channels for copying and sharing sounds, they
were instrumental in nourishing hip-hop and other new forms of
music central to American culture today. Piracy is not always a bad
thing. An insightful and often entertaining look at the history of
music piracy, Democracy of Sound offers invaluable background to
one of the hot-button issues involving creativity and the law.
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