Community Authorship

An Exploration of the Copyright Bargain in Traditional Irish Music

Nonfiction, Reference & Language, Law, Media & the Law
Cover of the book Community Authorship by Nualltáin, GRIN Verlag
View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart
Author: Nualltáin ISBN: 9783640945306
Publisher: GRIN Verlag Publication: June 28, 2011
Imprint: GRIN Verlag Language: English
Author: Nualltáin
ISBN: 9783640945306
Publisher: GRIN Verlag
Publication: June 28, 2011
Imprint: GRIN Verlag
Language: English

Master's Thesis from the year 2008 in the subject Law - Media, Multimedia Law, Copyright, grade: 1, University of Limerick (Irish World Academy of Music and Dance), course: Ethnomusicology, language: English, abstract: Copyright law represents a cultural bargain: to encourage creativity, authors are granted time-limited monopolies over tangible expressions of their creative works. The incentive to create is thus balanced against the general public good, which includes the value of a healthy intellectual commons. This intellectual property bargain has now been institutionalised internationally through trade treaties and national and international laws. In the case of traditional cultural expressions, though, the bargain appears to fall down. First, there seems to be no evidence that creativity within most traditional cultures is or has been contingent upon the granting of such monopolies for exploitation. Second, in the case of traditional cultures, concepts such as 'author', 'expression' and 'creative work' can be extremely slippery. Third, the concept of creativity within many traditional cultures does not automatically support the idea that cultural artefacts are in fact created by individual authors. Using Irish traditional music as an example of a community-based traditional art form, I show that authors create new expressions within such cultures only through the implicit or explicit engagement with other cultural actors. As such, the concept of the single 'author' within such cultures is problematic, and leads inevitably to a discrediting of the traditional discourse of intellectual property regulation. I also show that even the seemingly fixed expressions of such a traditional culture are 'fixed' only in the most local sense--in an oral rather than literary culture, ideas are continuously reused and remixed in extremely mutable ways. As a result of this finding, the process of creativity must be re!examined in such contexts in order to support a more appropriate formulation of the intellectual property bargain.

View on Amazon View on AbeBooks View on Kobo View on B.Depository View on eBay View on Walmart

Master's Thesis from the year 2008 in the subject Law - Media, Multimedia Law, Copyright, grade: 1, University of Limerick (Irish World Academy of Music and Dance), course: Ethnomusicology, language: English, abstract: Copyright law represents a cultural bargain: to encourage creativity, authors are granted time-limited monopolies over tangible expressions of their creative works. The incentive to create is thus balanced against the general public good, which includes the value of a healthy intellectual commons. This intellectual property bargain has now been institutionalised internationally through trade treaties and national and international laws. In the case of traditional cultural expressions, though, the bargain appears to fall down. First, there seems to be no evidence that creativity within most traditional cultures is or has been contingent upon the granting of such monopolies for exploitation. Second, in the case of traditional cultures, concepts such as 'author', 'expression' and 'creative work' can be extremely slippery. Third, the concept of creativity within many traditional cultures does not automatically support the idea that cultural artefacts are in fact created by individual authors. Using Irish traditional music as an example of a community-based traditional art form, I show that authors create new expressions within such cultures only through the implicit or explicit engagement with other cultural actors. As such, the concept of the single 'author' within such cultures is problematic, and leads inevitably to a discrediting of the traditional discourse of intellectual property regulation. I also show that even the seemingly fixed expressions of such a traditional culture are 'fixed' only in the most local sense--in an oral rather than literary culture, ideas are continuously reused and remixed in extremely mutable ways. As a result of this finding, the process of creativity must be re!examined in such contexts in order to support a more appropriate formulation of the intellectual property bargain.

More books from GRIN Verlag

Cover of the book The narrative structure of 'Sir Gawain and the Green Knight' by Nualltáin
Cover of the book Petron: Cena Trimalchionis 67, 11 - 68, 4 by Nualltáin
Cover of the book Ermutigung, Motivation, Selbsterfüllung. Unterschiede und Koppelung by Nualltáin
Cover of the book Die Ergebnisse der PISA - Studie 2000 by Nualltáin
Cover of the book Perspektiven des Ausländer- und Asylrechts der 1990er Jahre für die Entwicklung der multikulturellen Gesellschaft by Nualltáin
Cover of the book Dependenzkatalysator Landraub? Eine Analyse der Länder Äthiopien und Argentinien by Nualltáin
Cover of the book Überprüfen von Rechnungen auf sachliche und rechnerische Richtigkeit (Unterweisung Bürokaufmann / Bürokauffrau) by Nualltáin
Cover of the book Exodus: 2. Mose 3,7 f; 2. Mose 5,1 by Nualltáin
Cover of the book How to promote entrepreneurship within established companies? Human Resource Management and Corporate Entrepreneurship by Nualltáin
Cover of the book Die 'demokratische Methode' konkurrierender Eliten nach Joseph A. Schumpeter - Darstellung, Kritik und pragmatische Relevanz für das 21. Jahrhundert by Nualltáin
Cover of the book Anlegen und Ablegen eines Absturzgeschirrs mit vorheriger Sicherheitsprüfung (Unterweisung Chemikant / -in) by Nualltáin
Cover of the book Die Kronzeugenregelung und die ihr entgegenstehenden strafrechtlichen Prinzipien by Nualltáin
Cover of the book Jugendliche in der Politik. Möglichkeiten zur Teilnahme by Nualltáin
Cover of the book Veränderte Kindheit by Nualltáin
Cover of the book Mind Mapping. Ein Vergleich von Kreativitätstechniken und traditionellen Methoden der Gedächtnishilfe by Nualltáin
We use our own "cookies" and third party cookies to improve services and to see statistical information. By using this website, you agree to our Privacy Policy