Forensic Musicology And The Blurred Lines Of Federal Copyright History

Drawing on interdisciplinary research methods from musicological and legal scholarship, this book maps the historical terrain of forensic musicology. It examines the contributions of musical expert witnesses, their analytical techniques, and the issues they encounter assisting courts in clarifying the blurred lines of music copyright.

This ground-breaking book examines the multifaceted dynamics between copyright law and music borrowing within a rich diversity of music genres from across the world. It evaluates how copyright laws under different generic conventions may influence, or are influenced by, time-honoured creative borrowing practices. Leading experts from around the world scrutinise a carefully selected range of musical genres, including pop, hip-hop, jazz, blues, electronic and dance music, as well as a diversity of region-specific genres, such as Jamaican music, River Plate Tango, Irish folk music, Hungarian folk music, Flamenco, Indian traditional music, Australian indigenous music, Maori music and many others. This genre-conscious analysis builds on a theoretical section in which musicologists and lawyers offer their insights into fundamental issues concerning music genre categorisation, the typology of music borrowing and copyright law's ontological struggle with musical borrowing in theory and practice. The chapters are threaded together by a central theme, ie, that the cumulative nature of music creativity is the result of collective bargaining processes among many 'musicking' parties that have socially constructed creative music authorship under a rich mix of generic conventions.

Popular music and its listeners are strongly associated with newness and youth. Young people can stay up late dancing to the latest hits and use cutting-edge technology for listening to and sharing fresh music. Many young people incorporate their devotion to new artists and styles into their own developing personalities. However, if popular music is a genre meant for the youthful, what are listeners to make of the widespread sampling of music from decades-old R&B tracks, sold-out anniversary tours by aging musicians, retrospective box sets of vintage recordings, museum exhibits, and performances by current pop stars invoking music and images of the past? In Same Old Song: The Enduring Past in Popular Music, John Paul Meyers argues that these phenomena are part of what he calls “historical consciousness in popular music.” These deep relationships with the past are an important but underexamined aspect of how musicians and listeners engage with this key cultural form. In chapters ranging across the landscape of twentieth- and twenty-first-century music, Meyers finds indications of historical consciousness at work in multiple genres. Rock music canonizes its history in tribute performances and museums. Jazz and pop musicians cover tunes from the “Great American Songbook.” Hip-hop and contemporary R&B singers invoke Black popular music from the 1960s and 1970s. Examining the work of influential artists like Ella Fitzgerald, Bob Dylan, Miles Davis, Kanye West, Prince, D’Angelo, and Janelle Monáe, Meyers argues that contemporary artists’ homage to the past is key for understanding how music-lovers make meaning of popular music in the present.

Is music property? Under what circumstances can music be stolen? Such questions lie at the heart of Joanna Demers’s timely look at how overzealous intellectual property (IP) litigation both stifles and stimulates musical creativity. A musicologist, industry consultant, and musician, Demers dissects works that have brought IP issues into the mainstream culture, such as DJ Danger Mouse’s “Grey Album” and Mike Batt’s homage-gone-wrong to John Cage’s silent composition “4’33.” Demers also discusses such artists as Ice Cube, DJ Spooky, and John Oswald, whose creativity is sparked by their defiant circumvention of licensing and copyright issues. Demers is concerned about the fate of transformative appropriation—the creative process by which artists and composers borrow from, and respond to, other musical works. In the United States, only two elements of music are eligible for copyright protection: the master recording and the composition (lyrics and melody) itself. Harmony, rhythm, timbre, and other qualities that make a piece distinctive are virtually unregulated. This two-tiered system had long facilitated transformative appropriation while prohibiting blatant forms of theft. The advent of digital file sharing and the specter of global piracy changed everything, says Demers. Now, record labels and publishers are broadening the scope of IP “infringement” to include allusive borrowing in all forms: sampling, celebrity impersonation—even Girl Scout campfire sing-alongs. Paying exorbitant licensing fees or risking even harsher penalties for unauthorized borrowing have become the only options for some musicians. Others, however, creatively sidestep not only the law but also the very infrastructure of the music industry. Moving easily between techno and classical, between corporate boardrooms and basement recording studios, Demers gives us new ways to look at the tension between IP law, musical meaning and appropriation, and artistic freedom.

Through author Gary Rosen's deeply researched account of Ira B. Arnstein, "the unrivaled king of copyright infringement plaintiffs," Unfair to Genius provides an unlikely history of the evolution of copyright law in the United States.

Scores of talented and dedicated people serve the forensic science community, performing vitally important work. However, they are often constrained by lack of adequate resources, sound policies, and national support. It is clear that change and advancements, both systematic and scientific, are needed in a number of forensic science disciplines to ensure the reliability of work, establish enforceable standards, and promote best practices with consistent application. Strengthening Forensic Science in the United States: A Path Forward provides a detailed plan for addressing these needs and suggests the creation of a new government entity, the National Institute of Forensic Science, to establish and enforce standards within the forensic science community. The benefits of improving and regulating the forensic science disciplines are clear: assisting law enforcement officials, enhancing homeland security, and reducing the risk of wrongful conviction and exoneration. Strengthening Forensic Science in the United States gives a full account of what is needed to advance the forensic science disciplines, including upgrading of systems and organizational structures, better training, widespread adoption of uniform and enforceable best practices, and mandatory certification and accreditation programs. While this book provides an essential call-to-action for congress and policy makers, it also serves as a vital tool for law enforcement agencies, criminal prosecutors and attorneys, and forensic science educators.

Where did musical minimalism come from—and what does it mean? In this significant revisionist account of minimalist music, Robert Fink connects repetitive music to the postwar evolution of an American mass consumer society. Abandoning the ingrained formalism of minimalist aesthetics, Repeating Ourselves considers the cultural significance of American repetitive music exemplified by composers such as Terry Riley, Steve Reich, and Philip Glass. Fink juxtaposes repetitive minimal music with 1970s disco; assesses it in relation to the selling structure of mass-media advertising campaigns; traces it back to the innovations in hi-fi technology that turned baroque concertos into ambient "easy listening"; and appraises its meditative kinship to the spiritual path of musical mastery offered by Japan's Suzuki Method of Talent Education.

Thirteen essays explore the recent past, present, and future of music librarianship. Topics examined include preservation, cataloging, user education, music publishing, the antiquarian music market, archives, and education for music librarianship. Griscom is music librarian at the University of Illinois-Urbana-Champaign. Maple is head of Arts and Humanities Libraries at Pennsylvania State University. Annotation copyrighted by Book News Inc., Portland, OR.