How Music Perceives Itself and How Copyright Perceives Music
Edited by Andreas Rahmatian
Chapter 4: The elements of music relevant for copyright protection
One may argue that copyright law has no genuine understanding of the nature of music as an art form; it attaches to certain aspects of music which it declares as normatively relevant and thus ascertains building blocks of the legal protection system. In this way music is considered as an object of legal transactions, especially as an object of transferable property. This is a result of the translation process of music into legal categories. This chapter looks at the elements and stages of this process, starting with sketching out a philosophical discussion of the phenomenon of music as a basis for copyright protection. Keywords: Copyright and musical work; performance; originality; idea-expression dichotomy; philosophy of music; property theory
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