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

Journal article

Potter, Wellett and Forrest, Heather A.. (2011). Musicological and legal perspectives on music borrowing: Past, present and future. Australian Intellectual Property Journal. 22(3), pp. 137 - 156.
AuthorsPotter, Wellett and Forrest, Heather A.
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.

Year2011
JournalAustralian Intellectual Property Journal
Journal citation22 (3), pp. 137 - 156
PublisherLawbook Co.
ISSN1038-1635
Web address (URL)http://www.westlaw.com.au/maf/wlau/app/document?docguid=I53fbb5b2640311e18eefa443f89988a0&tocDs=AUNZ_AU_JOURNALS_TOC&isTocNav=true&startChunk=1&endChunk=1
Page range137 - 156
Research GroupThomas More Law School
Publisher's version
File Access Level
Controlled
Place of publicationAustralia
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