About the Book
This ground-breaking book examines the multifaceted dynamics between copyright law and music borrowing within a rich diversity of music genres from across the world. It evaluates how copyright laws under different generic conventions may influence, or are influenced by, time-honoured creative borrowing practices.
Leading experts from around the world scrutinise a carefully selected range of musical genres, including pop, hip-hop, jazz, blues, electronic and dance music, as well as a diversity of region-specific genres, such as Jamaican music, River Plate Tango, Irish folk music, Hungarian folk music, Flamenco, Indian traditional music, Australian indigenous music, Maori music and many others.
This genre-conscious analysis builds on a theoretical section in which musicologists and lawyers offer their insights into fundamental issues concerning music genre categorisation, the typology of music borrowing and copyright law's ontological struggle with musical borrowing in theory and practice. The chapters are threaded together by a central theme, ie, that the cumulative nature of music creativity is the result of collective bargaining processes among many 'musicking' parties that have socially constructed creative music authorship under a rich mix of generic conventions.
Table of Contents:
Foreword, Paul Heald (University of Illinois, USA)
Introduction: Music Borrowing and Copyright Law, Enrico Bonadio (City, University of London, UK) and Chen Wei Zhu (University of Birmingham, UK)
Part I: Music Genres, Borrowing and Copyright
1. Defining Music Genres: Critical Issues with Music Taxonomies, Franco Fabbri (State University of Milan, Italy)
2. A Brief History and Typology of Musical Borrowing and Reworking, J Peter Burkholder (Indiana University Jacobs School of Music, USA)
3. Litigating Musical Universals and Particulars: Copyright Law's Ontological Struggle with Music Borrowing, Chen Wei Zhu (University of Birmingham, UK)
4. We Can Work It Out: Methods in Forensic Musicology, Joe Bennett (Berklee College of Music, USA)
5. Forensic Musicology in Action: A Personal Perspective, Guy Protheroe (Freelance Professional Musician, UK)
6. Borrowing from Traditional Culture: Ownership and Commodification of Traditional Music from a Cultural Custodianship Perspective, Anthony CK Kakooza (Byenkya, Kihika & Co Advocates, Uganda)
Part II: Analysing Music Genres and their Relationship with Copyright
Section A: General
7. Pop and the Musical Unconscious, Jose Bellido (University of Kent, UK)
8. 'Do the Right Thing' or 'Fight the Power': Hip-Hop Music, Sampling and Copyright Law, Joyce Lee (NASCAR Media Ventures, USA) and Marc Mimler (City, University of London, UK)
9. Understanding the Creative Processes, Musical Borrowing and Copyright Protection of the Electronic Dance Music Industry, Nicola Lucchi (University Pompeu Frabra of Barcelona, Spain)
10. How Jazz Persists at the Periphery of Copyright, Katherine M Leo (Millikin University, USA)
11. Confronting an Extractive Raciliased Genre System: Black Lives Matter, Royalty Recovery and Musical Reparations, Olufunmilayo B Arewa (Temple University, USA) and Matt Stahl (University of Western Ontario, Canada)
12. 'Not like Pyrates': Borrowing, Copyright and Creativity in the Eighteenth Century, Ann van Allen-Russell (Royal College of Music, UK)
Section B: Americas
13. Remix, Reuse and Reggae: Creativity and Copyright in Jamaican Music, Enrico Bonadio Bonadio (City, University of London, UK) and Bryan Khan (University of the West Indies, Trinidad and Tobago)
14. Rhythm and Melody Sans Humanité: Copyright and the Development of Calypso Music, Bryan Khan (University of the West Indies, Trinidad and Tobago)
15. Pholourie Bina Chutney: Copyright and Cultural Identity in Indo-Caribbean Music, Bryan Khan (University of the West Indies, Trinidad and Tobago)
16. River Plate Tango: Appropriation, Borrowing and Innovation, Maximiliano Marzetti (É SEG School of Management, France)
Section C: Europe
17. Ownership as Sharing: The Practices of Irish Folk Music, Luke McDonagh (London School of Economics, UK)
18. Hungarian Musical Heritage Goes Viral – Hungarian Folk Music from a Copyright Perspective, Péter Mezei (University of Szeged, Hungary) and Gergely Békés (Attorney-at-law, Hungary)
19. Flamenco Music, Borrowing Practices and the Limits of Copyright, Antoni Rubí-Puig (Universitat Pompeu Fabra, Spain)
20. Canzone napoletana, Chanson française and Southern Italian Folk Music: Who Took from Whom? Giovanni Maria Riccio (University of Salerno, Italy)
21. Greek Traditional Music: Creativity, Copyright and the Commons, Stavroula Karapapa (University of Essex, UK)
Section D: Africa and Middle East
22. Israeli Music Genres: Appropriation and Borrowing as a Tool for National and Cultural Emergence and Structuring, Omri Rachum-Twaig (Tel Aviv University, Israel)
23. Feel the Benga Beat: Music Borrowing and Copyright Law in Kenya, Marisella N Ouma (Africa University, Zimbabwe)
24. The Many Facets of Borrowing and Creativity in South African Music, Tobias Schonwetter (University of Cape Town, South Africa) and Bram Van Wiele (University of Auckland Business School, New Zealand)
Section E: Asia and Oceania
25. History, Functionality and Dignity: Traditional Chinese Music Borrowing and Copyright Protection in China, Tianxiang He (City University of Hong Kong, Hong Kong) and Jing Li (University of Birmingham, UK)
26. Music Borrowing in the History of Japanese Music, Ryu Kojima (Kyushu University, Japan)
27. Creation and the Dreamtime: Indigenous Music in Australia, Michael Blakeney (University of Western Australia, Australia)
28. E tu, Stand Up: Copyright and Maori Music, Jonathan Barrett (Victoria University of Wellington Te Herenga Waka, New Zealand)
About the Author :
Enrico Bonadio is Reader in Intellectual Property Law at City, University of London, UK.
Chen Wei Zhu is Associate Professor at Birmingham Law School, University of Birmingham, UK.
Review :
Jonathan Barrett considers the delicate balance between open engagement between cultures and cultural appropriation, within the context of Maori music of the indigenous people of Aotearoa New Zealand … An ambitious aim that Barrett achieves in an engaging and candid chapter.
This edited collection will be enjoyed by scholars and practitioners interested in music and copyright, as well as musical cultural heritage. The in-depth genre-by genre analysis provides a unique contribution to the literature on music borrowing.
