The Elements of Music Relevant for Copyright Protection

in: Rahmatian, A. (ed.) Concepts of Music and Copyright: How Music Perceives Itself and How Copyright Perceives Music (Cheltenham: Edward Elgar, 2015), pp. 78-122

40 Pages Posted: 27 Mar 2016

See all articles by Andreas Rahmatian

Andreas Rahmatian

University of Glasgow - School of Law

Date Written: December 15, 2015

Abstract

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, Musical Work, performance, philosophy of music, property theory

JEL Classification: K10, K11, K19

Suggested Citation

Rahmatian, Andreas, The Elements of Music Relevant for Copyright Protection (December 15, 2015). in: Rahmatian, A. (ed.) Concepts of Music and Copyright: How Music Perceives Itself and How Copyright Perceives Music (Cheltenham: Edward Elgar, 2015), pp. 78-122. Available at SSRN: https://ssrn.com/abstract=2755008

Andreas Rahmatian (Contact Author)

University of Glasgow - School of Law ( email )

School of Law, Stair Building
5-8 The Square
Glasgow, G12 8QQ
United Kingdom

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