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Music Copyright, Creativity, and Culture by Jennifer Jenkins (Clinical Professor of Law, Clinical Professor of Law, Duke University) at Abbey's Bookshop,
Music Copyright, Creativity, and Culture
— —
Jennifer Jenkins (Clinical Professor of Law, Clinical Professor of Law, Duke University)

Music Copyright, Creativity, and Culture

Jennifer Jenkins (Clinical Professor of Law, Clinical Professor of Law, Duke University)

$156.95

Paperback

Not in-store but you can order this
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English
Oxford University Press Inc
12 May 2025
Copyright law
Music Copyright, Creativity, and Culture is an

interdisciplinary introduction to the economics, history, and law that shape the music we love. The book has an innovative design, combining accessible prose with timelines, infographics, flowcharts, and excerpts from a graphic novel. Through a series of chapters that take readers step by step through the fundamentals of copyright and creativity, Jennifer Jenkins clarifies basic concepts, lays out an engaging history, points out cultural effects of legal rules, and tells scores of stories of great musical controversies, past and present. The book is paired with a series of Spotify and YouTube playlists, so that readers can listen to the material under review. The end result is neither dry nor obscure. And this is as it should be, because the legal rules surrounding our musical culture are both important and captivating.

You have probably heard stories where one musician is accused of copying another>'s song. Maybe one of your favorite artists has been involved in such a dispute. By the time you finish reading this book, you know what the law might say about it: the lines it would draw between legitimate inspiration by shared cultural themes and outright theft that will result in substantial monetary damages. But you will know a lot more. You will have explored how a society even comes to think of music as something that can be owned: the cultural, technological, economic, and legal prerequisites of the system. You will have traced out the history of the great technologies that affected music, from musical notationDLthe invention of writing, musically speakingDLthrough to the printing press, the player piano and phonograph, the radio, the internet, and generative AI. You will have thought through how we set up incentives to make, and to distribute, the music all of us love. How can society ensure that the next great composer or performer devotes her time and talent to that task instead of something else? How can we set up a system that gives creators control of their work, and yet still leaves free the genres, styles, techniques, and other building blocks that make up the musical commons, upon which all artists draw?

By the time you finish this book you should be able to have an informed opinion about where we need to strike that balance, and whether the law we have today has done a good job of doing so. You will understand the legal difficulties in clearing samples and in navigating the tangled thicket of music licenses, each invented to deal with a particular technology of the past. You will delve into evolving business models, today>'s streaming economy, and the challenges posed by generative AI. But you will also have gone deeper. For example, the book examines the history of attempts to control music in American culture along racial lines: from the legal and social barriers that prevented African-American and other minority musicians from receiving the credit and financial reward their talents deserved, to the vexed question of appropriation and the line between benign mutual cultural influence and unjust, uncredited exploitation. Along the way, you will get to think about the law, culture, aesthetics, and economics of an art form that touches us more profoundly than we know.
By:  
Imprint:   Oxford University Press Inc
Country of Publication:   United States
Dimensions:   Height: 254mm,  Width: 203mm, 
ISBN:   9780190945930
ISBN 10:   0190945931
Pages:   416
Publication Date:  
Audience:   College/higher education ,  Primary
Format:   Paperback
Publisher's Status:   Active
Introduction Chapter 1 - How Did We Get Here? Chapter 2 - Introduction to Copyright Chapter 3 - A Tale of Two Technologies Chapter 4 - Owning Music Chapter 5 - Musical Echoes Chapter 6 - Subconscious Copying Chapter 7 - Blurring the Lines Chapter 8- Moving the Needle Chapter 9 - Sampling and Hip Hop Chapter 10 - Sample Clearance and Sampling 2.0 Chapter 11 - Creative Destruction Chapter 12 - The Music Streaming Era Chapter 13 - Music, Copyright, and Racial Justice Conclusion

Jennifer Jenkins is a Clinical Professor of Law teaching Music Copyright and Intellectual Property at Duke Law School and Director of Duke's Center for the Study of the Public Domain, where she heads its Arts Project DS a project analyzing the effects of intellectual property on cultural production. She is the co-author (with James Boyle) of the open coursebook Intellectual Property: Cases and Materials (6th ed, 2024) and the graphic novel Theft! A History of Music, a 2000-year history of musical borrowing and regulation, and the author of numerous academic articles on intellectual property issues. She has been widely quoted on copyright matters in publications such as The New York Times, The New Yorker, The Washington Post, LA Times, The Atlantic, Rolling Stone, Variety, Billboard, the Associated Press, The Wall Street Journal, and The Guardian. Her radio and TV appearances include segments on CBS News, Planet Money, CNN, the BBC, and NPR>'s Weekend Edition, Morning Edition, and Marketplace. While in practice, she was a member of the team that defended the copyright infringement suit against the publisher of the novel The Wind Done Gone (a parodic rejoinder to Gone with the Wind) in SunTrust v. Houghton Mifflin. Jenkins received her B.A. in English from Rice University, her J.D. from Duke Law School, and her M.A. in English from Duke University.

Reviews for Music Copyright, Creativity, and Culture

The highlight of this book is that it provides clear historical context and an accurate depiction of the current music industry, with a consistent thread and acknowledgement of the creative, which no book that I've seen has addressed in this way. For this reason I think it will both appeal to, and be very appropriate, for music and music business students. - Lee Dannay, New York University This is a contemporary copyright text which does a great job of setting up important information on how copyright applies to musicians in a novel way - via a text and graphic novel. - Jeremy Peters, Wayne State University This is a textbook that students would actually open and read! It breaks down complex legal issues of copyright and intellectual property in a way that students will grasp and have fun while doing so. - Chris Vrenna, Calhoun Community College


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