Copyright and Borrowing

INTELLECTUAL PROPERTY AND INFORMATION WEALTH: ISSUES AND PRACTICES IN THE DIGITAL AGE, Vol. 1, Chapter 2, Praeger Publishers, 2007

UC Irvine School of Law Research Paper No. 2012-10

21 Pages Posted: 28 Feb 2012

See all articles by Olufunmilayo Arewa

Olufunmilayo Arewa

Temple University - James E. Beasley School of Law

Date Written: February 27, 2012

Abstract

Borrowing is a norm in much cultural production that should be better incorporated into copyright doctrine. Copyright doctrine governs both the creation and distribution of cultural works, such as literary texts and musical works. Consideration of borrowing and copyright largely relates to the creation side of copyright. A number of terms may be used to illustrate the ways in which new cultural texts relate to existing cultural texts. Further, a significant commentary exists in fields such as literary theory and musicology that discusses and analyzes the significance of such relationships. Terms such as borrowing, self-borrowing, transformative imitation, quotation, allusion, homage, modeling, emulation, recomposition, influence, paraphrase, and indebtedness are used to discuss relationships between musical texts. In literature, a number of terms are used, including intertextuality, allusion, quotation, and influence. These terms are enfolded within the concept of borrowing as discussed in this chapter.

Keywords: Musical Composition, Copyright, Borrowing, European Classical Tradition, Contemporary Cultural Tradition, Sociocultural Factors, Creativity, Literary Criticism, Musicology, Copying, Intertextuality, Formulaic Works, Narratives, Sociocultural Factors

Suggested Citation

Arewa, Olufunmilayo, Copyright and Borrowing (February 27, 2012). INTELLECTUAL PROPERTY AND INFORMATION WEALTH: ISSUES AND PRACTICES IN THE DIGITAL AGE, Vol. 1, Chapter 2, Praeger Publishers, 2007; UC Irvine School of Law Research Paper No. 2012-10. Available at SSRN: https://ssrn.com/abstract=2011973

Olufunmilayo Arewa (Contact Author)

Temple University - James E. Beasley School of Law ( email )

1719 N. Broad Street
Philadelphia, PA 19122
United States

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