Who Owns Music? A Historical And Legal Study Tracing The Origins Of Music Copyright,
- IJLLR Journal
- Apr 30
- 2 min read
Who Owns Music? A Historical And Legal Study Tracing The Origins Of Music Copyright, Developments, Difficulties In Owning Musical Ideas, Conflicts Between Sampling, Improvisation And Originality, Recent Controversies Of Copied Compositions And Remakes, Adequacy Of Present Copyright Laws And Proposals For Future Copyright Reform Addressing Modern Music Industries
Khushi Anwer, Faculty of Law, Jamia Millia Islamia
ABSTRACT
Music has existed historically, as part of a shared culture, memory, traditions and evolving practices. The modern conceptualisation of music, particularly as recognised by the law i.e. as intellectual property that can be privately owned, is a quite recent development. The present paper attempts to draw a historical and legal analysis into the question of ownership of music. The paper presents an analysis of the evolution of this controversial ownership, from the days of early European printing monopolies to present statutory rights. This historical analysis ultimately throws light on how music became property that can be privately owned instead of just shared cultural knowledge.
Further, the paper attempts to analyse the transformation of copyright law that is applicable to music. Particular emphasis has been made on the concepts of originality, idea, expression and the question of why music presents particular difficulties with respect to legal ownership. Additionally, the conflicting concepts of sampling, improvisation and originality are explored, particularly in the light of jazz and remixes, where the use of these methods is quite prevalent. Recent controversies are also touched upon, including allegations of copying and the extent of originality in remixes and remakes. This highlights the serious tension that exists between creativity, creation of profits and the legal enforcement of ownership rights in the modern music industry.
Lastly, the paper will analyse whether the present or existing laws with respect to music and copyright are sufficient in their enforcement and implementation and whether they stand the test of practicality in the age of digitalisation of distribution, large music platforms, artificial intelligence and other emerging technologies. Finally, proposals are suggested, aimed at striking a careful balance between artistic freedom and protection of intellectual property.
Keywords: Musical works, copyright, sampling, improvisation, artistic freedom.
