Copyright and Borrowing
INTELLECTUAL PROPERTY AND INFORMATION WEALTH: ISSUES AND PRACTICES IN THE DIGITAL AGE, Vol. 1, Chapter 2, Praeger Publishers, 2007
21 Pages Posted: 28 Feb 2012
Date Written: February 27, 2012
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
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