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- Title
OPTIMIZING MUSICAL CREATIVITY THROUGH NORTH AMERICAN COPYRIGHT LAW.
- Authors
O’Neill, Mikayla
- Abstract
This article weighs the competing views on music copyright law in North America: exclusivity versusidea sharing. After laying out the basic structure of music copyright law it is found to favor individual exclusivity. While this might seem to be beneficial to musicians, it can make artists releasing new music fearful of copyright claims against them since their work may resemble a song that already exists. The Pharrell Williams, et al. v. Bridgeport Music decision heightens the stringency of copyright by finding a song could infringe on another song because of its “groove”. These progressions in music copyright law will negatively affect the creativity of artists going forward who will face copyright claims whether they intended to copy another musical work or not. Furthermore, the law is unforgiving to sample artists who use snippets of existing works in their new creations. This paper proposes changes to music copyright law in North America to encourage musical creativity while still respecting individuals’ autonomy over their work.
- Subjects
ACTIONS &; defenses (Law); COPYRIGHT of music; INTELLECTUAL property; COPYRIGHT infringement; ARTISTS
- Publication
Canada-United States Law Journal, 2023, Vol 47, p170
- ISSN
0163-6391
- Publication type
Article