slide1 n.
Download
Skip this Video
Loading SlideShow in 5 Seconds..
“Quotation in Music” paper delivered at ESRC/AHRC Cultural Industries Seminar Bournemouth, 16 September 2005 PowerPoint Presentation
Download Presentation
“Quotation in Music” paper delivered at ESRC/AHRC Cultural Industries Seminar Bournemouth, 16 September 2005

Loading in 2 Seconds...

play fullscreen
1 / 11

“Quotation in Music” paper delivered at ESRC/AHRC Cultural Industries Seminar Bournemouth, 16 September 2005 - PowerPoint PPT Presentation


  • 322 Views
  • Uploaded on

“Quotation in Music” paper delivered at ESRC/AHRC Cultural Industries Seminar Bournemouth, 16 September 2005. Friedemann Kawohl fkawohl@t-online.de & Martin Kretschmer mkretsch@bournemouth.ac.uk. International framework.

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about '“Quotation in Music” paper delivered at ESRC/AHRC Cultural Industries Seminar Bournemouth, 16 September 2005' - emily


An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
slide1

“Quotation in Music”paper delivered at ESRC/AHRC Cultural Industries SeminarBournemouth, 16 September 2005

Friedemann Kawohl

fkawohl@t-online.de &

Martin Kretschmer

mkretsch@bournemouth.ac.uk

international framework
International framework

Berne Art. 9(2): “three-step-test” for possible exceptions to exclusive reproduction right:

  • special cases
  • not conflicting with normal exploitation
  • not unreasonably prejudicing the legitimate interest of the author

Berne Art. 10(1): mandatory permission “to make quotations from a work which has already been lawfully made available to the public, provided that their making is compatible with fair practice, and their extent does not exceed that justified by the purpose”

Rome Art. 15: exceptions possible for

  • private use, reporting current events, teaching and scientific research

TRIPS (Art. 13) & WIPO Internet Treaties (Art. 10) require that all limitations to Berne works comply with “three-step-test”; TRIPS Art. 14(6) permits only the Rome exceptions to sound recordings

UK: public interest (common law but affirmed in s. 171(3) & Ashdown); fair dealing ss. 29-30; Germany: constitutional Kunstfreiheit; but statutory Melodienschutz; US: fair use/first amendment

practical effects music
Practical effects (music)

Sound recordings: have to be licensed, if recognisable. Thus tendency

  • to hide sources
  • to produce “sound alikes”

Works of music: arrangements are treated as “cover versions“ (= 100% of publishing rights to “original”)

Appropriation art problematic; cultural icons unavailable for critical comment

  • 1966: Beatles Revolver album uses radio samples
  • 1977: Beatles agreed to samples on The Residents
  • Today: Permissions to use Beatles catalogue will always be refused
original and copy before 1750 i
Original and copybefore ~1750 (I)

No clear distinction: original and copy

Operas always “new“

Old libretti, but Music was “produced“ every season anew.

Status of composer is similar to today‘s theatre directors

Conductors reuse popular arias of the previous seasons

Pasticcio: e.g. 1726 Florence production of Didone abbandonata includes arias by Vivaldi, Orlandini and Gasparini

original and copy before 1750 ii
Original and copybefore ~1750 (II)

Older music was copied in churches and monasteries

Copyist adapted music in accordance with regional traditions and the changing zeitgeist

Authenticity and originality less important than the function for services

aesthetic change 1750 1850
Observance of rules + knowledge of classic works

Music: an art without works

No idea, no intrinsic expression

Compositions are done by conductors and soloists

Aural traditions of interpretation

Genius and originality

“works of music“

music contains ideas (romanticism)

Composing as a profession

Principle of werktreue (authenticity)

Aesthetic change 1750-1850
aesthetic change 2000
Genius + originality

“works of music“

music contains ideas (romanticism)

Composing as a profession

Principle of werktreue

“Anything goes“ + market success

Performance counts and sound recording, not score

Function: “expression“ of the dancer + reminiscence (film)

Composing is only one task: cf. arranging, producing

Appropriation art, arrangements ubiquitous

Aesthetic change ~2000
transformative use traditional analysis
Transformative use:traditional analysis

Personality effects

critical appropriation

plagiarism

arrangement

transcription

quotation

Labour appropriation

transformative use the information society
Transformative use:the information society

plagiarism

Confusion about sources

Critical appropriation

arrangement

transcription

quotation

Competition with original

transformative use examples
Transformative use:examples

Personality effects?Confusion about sources?

ZimmermannGrey AlbumBerioVerveThe BelovedHarry Potter

Appropriation of labour?Competition with original?

slide11

ESRC/AHRC Cultural Industries Seminar: The Effects of Intellectual Property on the Organisation of Cultural Production

Centre for Intellectual Property Policy & Management (www.cippm.org.uk)

Bournemouth University