eCite Digital Repository
Musicological and legal perspectives on music borrowing: Past, present and future
Citation
Potter, W and Forrest, HA, Musicological and legal perspectives on music borrowing: Past, present and future, Australian Intellectual Property Journal, 22 pp. 137-156. ISSN 1038-1635 (2011) [Refereed Article]
Copyright Statement
Copyright 2011 Australian Intellectual Property Journal
Abstract
Music borrowing is a practice commonly employed by music composers
whereby fragments of previously composed music are incorporated into new
compositions. It is a practice that has been in use for hundreds of years,
spanning musical genres and styles from medieval liturgical chants to rap,
and yet the law relating to rights in musical works has yet to accommodate its
ubiquity. The practice of music borrowing and the problems that it presents
copyright law are highlighted by the recent case of Larrikin Music Publishing
Pty Ltd v EMI Songs Australia Pty Ltd (2010) 83 IPR 582; [2010] FCA 29.
This case offers a timely opportunity to examine the practice of music
borrowing from the differing perspectives of musicology and law in order to
understand the treatment – past, present and likely future – of music
borrowing in Australian copyright law.
Item Details
Item Type: | Refereed Article |
---|---|
Research Division: | Law and Legal Studies |
Research Group: | Private law and civil obligations |
Research Field: | Intellectual property law |
Objective Division: | Expanding Knowledge |
Objective Group: | Expanding knowledge |
Objective Field: | Expanding knowledge in law and legal studies |
UTAS Author: | Forrest, HA (Associate Professor Heather Forrest) |
ID Code: | 100927 |
Year Published: | 2011 |
Deposited By: | Faculty of Law |
Deposited On: | 2015-06-03 |
Last Modified: | 2018-03-08 |
Downloads: | 0 |
Repository Staff Only: item control page