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Musicological and legal perspectives on music borrowing: Past, present and future


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]

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Copyright 2011 Australian Intellectual Property Journal


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

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