2017/10/30 by Ananay Aguilar
Social Sciences · Arts and Humanities · Business, Management and Accounting · #Law in Society and Culture #Diverse Musicological Studies #Copyright and Intellectual Property
paper · doi:10.1177/0964663917734300
Following criticisms of British copyright law that it is influenced by Romantic ideals of authorship, I ask whether it makes sense to distinguish between music composers and performers in law. Drawing on interviews with classical and popular music performers and relevant case law, I examine how performers negotiate and exploit different rights in order to determine ownership. Evidence suggests that rather than a binary, musicians’ creative work can best be represented as moving along a continuum between composition and performance with both concepts socially much in use. Musicians position their work on this continuum according to three motifs: composer–performer discourses and careers, genre and power relationships. I argue that the legal categories of joint or individual authorship, adaptation and performance protect most contributions to a musical work and align with the social understandings of different types of contributions. Yet I also note that, viewed more normatively, a recasting of the rights could help shift those social understandings and alter the inequalities inherent in both musical practices and the law.