Difference between revisions of "Aguilar (2017)"
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|Abstract=“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.” | |Abstract=“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.” | ||
|Authentic Link=https://journals.sagepub.com/doi/full/10.1177/0964663917734300 | |Authentic Link=https://journals.sagepub.com/doi/full/10.1177/0964663917734300 | ||
− | |Reference=Arnold (1999); Arnold (2007); Bently and Biron (2014); Arnold (2015); Vigon (2015); | + | |Reference=Arnold (1999);Arnold (2007);Bently and Biron (2014);Arnold (2015);Vigon (2015); |
− | |Plain Text Proposition=The study finds that whilst composers and performers benefit from flexibility through a combination fo statutory and contractual mechanisms, copyright law is perceived as lacking legitimacy due to its complexity. This may result in power imbalances between parties, and is particularly likely to adversely impact younger and less experienced artists. | + | |Plain Text Proposition=The study finds that whilst composers and performers benefit from flexibility through a combination fo statutory and contractual mechanisms, copyright law is perceived as lacking legitimacy due to its complexity. This may result in power imbalances between parties, and is particularly likely to adversely impact younger and less experienced artists.Three main themes are noted in regards composer-performer relationships:• The music industry replicates and reinforces the primacy of the romantic author, characterised by a strong sense of ownership, even at the expense of performers. Composers are understood to be the creator or originator, and performer as executor/externaliser, a fact which is often reinforced throughout an artist’s education. As such, buy-out contracts are common, with only unwaivable equitable remuneration rights for performers remaining. • Perceptions of composer-performer relationships vary across genres, with classical musicians more likely to follow the strong ownership discourse. Members of urban and dance genres are less likely to view these relationships as such, with performers contributions percieved as being of equal value. • Relationships of power are also significant, with artists’ contributions measured in financial and social capital. As such, where large financial gains are made from a particular musicians contribution (e.g. Elvis as performer), joint authorship may reflect the value of this contribution. |
− | + | |FundamentalIssue=1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare,3. Harmony of interest assumption between authors and publishers (creators and producers/investors) | |
− | Three main themes are noted in regards composer-performer relationships: | + | |EvidenceBasedPolicy=A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right),D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) |
− | |||
− | • The music industry replicates and reinforces the primacy of the romantic author, characterised by a strong sense of ownership, even at the expense of performers. Composers are understood to be the creator or originator, and performer as executor/externaliser, a fact which is often reinforced throughout an artist’s education. As such, buy-out contracts are common, with only unwaivable equitable remuneration rights for performers remaining. | ||
− | |||
− | • Perceptions of composer-performer relationships vary across genres, with classical musicians more likely to follow the strong ownership discourse. Members of urban and dance genres are less likely to view these relationships as such, with performers contributions percieved as being of equal value. | ||
− | |||
− | • Relationships of power are also significant, with artists’ contributions measured in financial and social capital. As such, where large financial gains are made from a particular musicians contribution (e.g. Elvis as performer), joint authorship may reflect the value of this contribution. | ||
− | |FundamentalIssue=1. Relationship between protection (subject matter/term/scope) and supply/economic development/growth/welfare, 3. Harmony of interest assumption between authors and publishers (creators and producers/investors) | ||
− | |EvidenceBasedPolicy=A. Nature and Scope of exclusive rights (hyperlinking/browsing; reproduction right), D. Licensing and Business models (collecting societies; meta data; exchanges/hubs; windowing; crossborder availability) | ||
|Discipline=O34: Intellectual Property and Intellectual Capital | |Discipline=O34: Intellectual Property and Intellectual Capital | ||
|Intervention-Response=The study does not make any explicit policy recommendations. | |Intervention-Response=The study does not make any explicit policy recommendations. | ||
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|Method of Analysis=Discourse Analysis, Qualitative Coding / Sorting (e.g. of interview data) | |Method of Analysis=Discourse Analysis, Qualitative Coding / Sorting (e.g. of interview data) | ||
|Industry=Sound recording and music publishing; | |Industry=Sound recording and music publishing; | ||
− | |Country= | + | |Country=United Kingdom |
|Cross-country=No | |Cross-country=No | ||
|Comparative=No | |Comparative=No | ||
Line 35: | Line 27: | ||
|Funded By=The Leverhulme Trust; | |Funded By=The Leverhulme Trust; | ||
}} | }} | ||
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}} | }} |
Revision as of 13:19, 20 April 2020
Contents
Source Details
Aguilar (2017) | |
Title: | Distributed Ownership in Music: Between Authorship and Performance |
Author(s): | Ananay Aguilar |
Year: | 2017 |
Citation: | Aguilar, A. (2017) Distributed Ownership in Music: Between Authorship and Performance. Social & Legal Studies, 27(6), pp776-798 |
Link(s): | Definitive |
Key Related Studies: | |
Discipline: | |
Linked by: |
About the Data | |
Data Description: | Data were collected from 36 in-depth interviews with participants identified via snowball sampling as music performers, composers, producers or combination thereof. This tranche of interviews was supplemented with two further interviews from a separate study, involving industry and government representatives. Interview responses were thereafter processed using MaxQDA11 software to conceptualise themes. |
Data Type: | Primary data |
Secondary Data Sources: | |
Data Collection Methods: | |
Data Analysis Methods: | |
Industry(ies): | |
Country(ies): | |
Cross Country Study?: | No |
Comparative Study?: | No |
Literature review?: | No |
Government or policy study?: | No |
Time Period(s) of Collection: |
|
Funder(s): |
|
Abstract
“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.”
Main Results of the Study
The study finds that whilst composers and performers benefit from flexibility through a combination fo statutory and contractual mechanisms, copyright law is perceived as lacking legitimacy due to its complexity. This may result in power imbalances between parties, and is particularly likely to adversely impact younger and less experienced artists.Three main themes are noted in regards composer-performer relationships:• The music industry replicates and reinforces the primacy of the romantic author, characterised by a strong sense of ownership, even at the expense of performers. Composers are understood to be the creator or originator, and performer as executor/externaliser, a fact which is often reinforced throughout an artist’s education. As such, buy-out contracts are common, with only unwaivable equitable remuneration rights for performers remaining. • Perceptions of composer-performer relationships vary across genres, with classical musicians more likely to follow the strong ownership discourse. Members of urban and dance genres are less likely to view these relationships as such, with performers contributions percieved as being of equal value. • Relationships of power are also significant, with artists’ contributions measured in financial and social capital. As such, where large financial gains are made from a particular musicians contribution (e.g. Elvis as performer), joint authorship may reflect the value of this contribution.
Policy Implications as Stated By Author
The study does not make any explicit policy recommendations.
Coverage of Study
Datasets
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