scholarly journals Copyright and Creativity: Changing Paradigms and the Implications for Intellectual Property and the Music Industry

2007 ◽  
Vol 123 (1) ◽  
pp. 82-94 ◽  
Author(s):  
Phillip McIntyre
Keyword(s):  
Intellectual Property ◽  
Cultural Production ◽  
Creative Process ◽  
Music Industry ◽  
Copyright Law ◽  
Creative Activity ◽  
General Acceptance ◽  
Creativity Research ◽  
Research Findings ◽  
Romantic Conception

Copyright law is entangled with the Romantic conception of the creative process. So is the music industry. This Romantic conception has been challenged more recently to the point where there has been a paradigmatic shift of the conception of creative activity within the research community. This change has not as yet occurred for popular conceptions of creativity, nor has the law changed its basis. Once these older views are substituted with the recent work on cultural production and confluence models of creativity, the implication for rights-holders in the music industry may be significant, yet remain dependent upon the industry and others' general acceptance of these recent creativity research findings. Examples of the changing structures of intellectual property and what this shift might mean for songwriters in particular can be drawn from the struggles of Lindy Morrison, former Go-Betweens drummer, and the attitude to songwriting developed by writers such as Paul Mac and Daniel Johns.

scholarly journals The Ethical Visions of Copyright Law

2018 ◽  
Author(s):  
James Grimmelmann
Keyword(s):  
Intellectual Property ◽  
Music Industry ◽  
Copyright Law ◽  
Free Software ◽  
Legal Scholarship ◽  
Creative Commons ◽  
Ethical Vision

77 Fordham Law Review 2005 (2009)This symposium essay explores the imagined ethics of copyright: the ethical stories that people tell to justify, make sense of, and challenge copyright law. Such ethical visions are everywhere in intellectual property discourse, and legal scholarship ought to pay more attention to them. The essay focuses on a deontic vision of reciprocity in the author-audience relationship, a set of linked claims that authors and audiences ought to respect each other and express this respect through voluntary transactions.Versions of this default ethical vision animate groups as seemingly antagonistic as the music industry, file sharers, free software advocates, and Creative Commons. "Respect copyrights," "Don't sue your customers," "Software should be free," and "I love to share" are all ethical claims about copyright that share some common intuitions, even as they draw very different conclusions. The essay provides a framework for thinking about these ethical visions of intellectual property and then puts these various visions into conversation with each other.

scholarly journals Knighthoods and Empty Benches: Wilkie Collins’s Armadale and the Late Victorian Culture Industry

2021 ◽  
Vol 3 (2) ◽  
pp. 134-151
Author(s):  
Robert Laurella
Keyword(s):  
Intellectual Property ◽  
Cultural Production ◽  
Wilkie Collins ◽  
Copyright Law ◽  
Culture Industry ◽  
Victorian Culture ◽  
English Drama ◽  
Legal Context ◽  
The Face ◽  
Opening Up

In locating Wilkie Collins’s novel Armadale (1866) in the context of its two subsequent dramatic versions, this article considers how the Victorian culture industry contended with an aggressively expanding market economy. It positions Collins’s work amid an ongoing Victorian debate that was especially prevalent in literary and dramatic periodicals concerning the bifurcated development of English drama and novels. Highlighting how Collins flexibly adapted his writing for the stage in the face of legal, commercial, and artistic pressures strengthens emerging links between the ostensibly discrete fields of novelistic and theatrical writing. The adaptation of novels for the stage is one of the primary areas where developing intellectual property law collided with cultural production, opening up, for writers such as Collins, new avenues to write, produce, and entertain. This article aims to expand on recent studies of the evolving nature of copyright law in the nineteenth century by considering the forms of cultural production that context facilitated. Considering the legal context of these adaptations in concert with, however, and not as ancillary to or separate from, their social and political valences highlights the modes of production that arose despite – or perhaps as a result of – the opaque nature of Victorian intellectual property laws. Wilkie Collins the successful dramatist, as opposed to Wilkie Collins the novelist writing for the stage, emerged in his own right partly due to the copyright contests that initially encouraged him to adapt his novels in the first place.

scholarly journals Quantifying the Artistic Experience with Perceptive Sketching Tools: Cognitive Technologies to Support Creativity Researchers

2012 ◽  
Vol 22 ◽  
pp. 76-95
Author(s):  
Nicholas Davis ◽  
Ellen Yi-Luen Do
Keyword(s):  
Real World ◽  
Creative Process ◽  
Science Literature ◽  
Artistic Creativity ◽  
Artistic Experience ◽  
Creativity Research ◽  
Different Types ◽  
Research Findings ◽  
New Research ◽  
Insight Into

Creativity research has gradually moved away from controlled laboratory settings to more naturalistic and real world domains. As a result, new research methods are required to systematically analyze the artistic experience that includes the artist’s perception, behavior, and conception throughout the creative process. We use research findings from the Cognitive Science literature to create a framework called Perceptual Logic to categorize different types of artistic experience. This framework is applicable to open-ended artistic creativity. Empiri- cally validating such a framework requires new tools that provide insight into the naturalistic creative process. We describe the initial design of a set of digital sketching tools that enables creativity researchers to quantitatively analyze the artistic experience. These tools focus spe- cifically on understanding how visual digital artists perceive and interact with their drawings and paintings throughout their creative process.

scholarly journals Techno, Frankenstein and copyright

Popular Music ◽  
2007 ◽  
Vol 26 (2) ◽  
pp. 259-280 ◽  
Author(s):  
MARK A. McCUTCHEON
Keyword(s):  
Twentieth Century ◽  
Intellectual Property ◽  
Cultural Production ◽  
Copyright Law ◽  
Contemporary Dance ◽  
Industrial Capitalism ◽  
Dance Music ◽  
Sound Recording ◽  
Underground Resistance

AbstractThis essay argues that the widespread but not widely recognised adaptation of Frankenstein in contemporary dance music problematises the ‘technological’ constitution of modern copyright law as an instrument wielded by corporations to exert increasing control over cultural production. The argument first surveys recent accounts of intellectual property law’s responses to sound recording technologies, then historicises the modern discourse of technology, which subtends such responses, as a fetish of industrial capitalism conditioned by Frankenstein. The increasing ubiquity of cinematic Frankenstein adaptations in the latter two decades of the twentieth century outlines the popular cultural milieu in which Detroit techno developed its futuristic aesthetic, and which provided subsequent dance music producers with samples that contributed to techno’s popularisation. These cultural and economic contexts intersect in an exemplary case study: the copyright infringement dispute in 1999 and 2000 between Detroit’s Underground Resistance (UR) techno label and the transnational majors Sony and BMG.

Fixing Improvisation

2014 ◽  
Author(s):  
Anthea Kraut
Keyword(s):  
Twentieth Century ◽  
African American ◽  
Intellectual Property ◽  
Case Studies ◽  
Copyright Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Tap Dance ◽  
American Vernacular ◽  
The Relationship

This chapter juxtaposes brief case studies of African American vernacular dancers from the first half of the twentieth century in order to reexamine the relationship between the ideology of intellectual property law and the traditions of jazz and tap dance, which rely heavily on improvisation. The examples of the blackface performer Johnny Hudgins, who claimed a copyright in his pantomime routine in the 1920s, and of Fred and Sledge, the class-act dance duo featured in the hit 1948 musical Kiss Me, Kate, whose choreography was copyrighted by the white modern dancer Hanya Holm, prompt a rethinking of the assumed opposition between the originality and fixity requirements of copyright law and the improvisatory ethos of jazz and tap dance. Ultimately, the chapter argues that whether claiming or disavowing uniqueness, embracing or resisting documentation, African American vernacular dancers were both advantaged and hampered by copyright law.

scholarly journals Flying with two wings or coming of age of copyrightisation? A historical and socio-legal analysis of copyright and business model developments in the Chinese music industry

2021 ◽  
pp. 205943642199846
Author(s):  
Zhen Troy Chen
Keyword(s):  
Business Models ◽  
Coming Of Age ◽  
Music Industry ◽  
Ecosystem Model ◽  
Global Market ◽  
Copyright Law ◽  
Legal Analysis ◽  
Business Studies ◽  
Legal Studies ◽  
Chinese Music

Following the third copyright law amendment in China, this paper offers a timely contribution to the debates on the shifting policy, governance and industry landscape of the Chinese music industry. This paper conducts a historical and socio-legal analysis of the development of Chinese copyright law with regards to the music industry and argues that the Chinese digital music industry has developed to a stage where three business models collide, namely the cultural adaptation model, the renegade model and the platform ecosystem model. This paper draws on interdisciplinary literature and discourses from legal studies, business studies and cultural studies and provide new evidence of the much neglected autonomous development of Chinese copyright law on top of foreign pressure and the desired reforms to further integrate into the global market economy.

Commercialising the sound of the people: Pleng Luktoong and the Thai pop music industry

Popular Music ◽  
1990 ◽  
Vol 9 (1) ◽  
pp. 61-77 ◽  
Author(s):  
Ubonrat Siriyuvasak
Keyword(s):  
Young People ◽  
Middle Class ◽  
Music Industry ◽  
Country Music ◽  
Copyright Law ◽  
Pop Music ◽  
The Past ◽  
Previous Generation ◽  
Indigenous Music ◽  
The People

Since Thailand's Copyright Act became law in 1979 an indigenous music industry has emerged. In the past, the small recording business was concentrated on two aspects: the sale of imported records and the manufacture of popular, mainly Lukkroong music, and classical records. However, the organisation of the Association of Music Traders – an immediate reaction to the enforcement of the Copyright law – coupled with the advent of cassette technology, has transformed the faltering gramophone trade. Today, middle-class youngsters appreciate Thai popular music in contrast to the previous generation who grew up with western pop and rock. Young people in the countryside have begun to acquire a taste for the same music as well as enjoy a wider range of Pleng Luktoong, the country music with which they identify. How did this change which has resulted in the creation of a new pleasure industry come about? And what are some of the consequences of this transformation.

scholarly journals Peircean semiotics in the context of design praxis: Abduction and perception in dialogue

2013 ◽  
Vol 41 (4) ◽  
pp. 424-432 ◽  
Author(s):  
Renira Rampazzo Gambarato
Keyword(s):  
Creative Process ◽  
Driving Force ◽  
Shape Function ◽  
Semantic Content ◽  
Charles Sanders Peirce ◽  
Creative Activity ◽  
New Ideas ◽  
Constituent Elements ◽  
Original Concept ◽  
Peircean Semiotics

This paper discusses design process as a creative activity along with conceptual correlations of the semiotics developed by Charles Sanders Peirce. The central aim of this paper is to examine one of the most important concepts in Peirce’s theory related to design praxis: the concept of abduction. Abduction is the driving force behind creation and a way of producing new ideas. Peirce’s original concept is fundamental in order to maintain constant commitment to innovation required by design. To transmit messages in a creative way it is more efficient to intensely work with associations by similarity in order to obtain signs rich in information and analogies. Design communicates by all its constituent elements: shape, function, colour, material, technique, technology, etc. Therefore, signs of design share peculiar values of artistic signs as well as those of communicative ones. The associated information is as much aesthetic (shape) as it is semantic (content). The appropriation of Peircean concepts contributes to the understanding of the creative process, which in turn is crucial for understanding new possibilities by means of design.

scholarly journals INTERNATIONAL LAW ASPECTS OF GERMAN COPYRIGHT LAW (GCL)

2017 ◽  
Vol 3 (4) ◽  
pp. 93-98
Author(s):  
Юрий Юмашев ◽  
Yuriy Yumashev ◽  
Елена Постникова ◽  
Elena Postnikova
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Legal Regulation ◽  
Copyright Law ◽  
World Intellectual Property Organization ◽  
The Internet ◽  
Private International Law ◽  
Member States ◽  
Eu Member States ◽  
The Eu

The article deals with international law aspects of the GCL. To this aim firstly the international conventions on copyright law are analyzed, in particular: the Berne Convention for the Protection of Literary and Artistic Works in the wording of the Paris Act of 1971, the Convention on the Establishment of the World Intellectual Property Organization of 1967, the Convention for the Protection of Performers, Producers of Phonograms and Broadcasting Organizations of 1961 and Aspects of intellectual property rights (TRIPS) 1994. There is also an analysis of the EU copyright law in terms of its correlation with the law of the EU member-states and an assessment of its evolution. It is emphasized that the core fact of origin of authorship is determined on the basis of the national legislation of the Member-States. Special attention is paid to the scope of the “principle of exhausted rights”. The article also touches upon the aspect of private international law. Particular attention is paid to the legal regulation of the Internet, including Internet providers, and its impact on the formation of the GCL. The problem of combating Internet piracy is also raised, as copyright infringement often occurs in relation to works published online. In addition, the article revealed what changes were made to the GCL to comply with EU law (including secondary law acts and the practice of the EU Court). The result of the study is, among other things, the conclusion that special legal mechanisms should be developed to regulate new forms of selling works that have emerged as a result of technological progress and in the near future the Internet will undoubtedly form ways for the further development of the GCL. However, this process can negatively affect the leading role of the author as a creative person.

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