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A Study of Copyright Issues Concerning
Unlawful Appropriation in Music Compositions
music composition,illicit Copy or unlawful appropriation,parody,Digital Sampling,arrangement,Arnstein,music analysis,
|Publication Year :||2013|
Music is a concept of combined elements, which exists not merely in the form of musical notations written by composers, but also in the form of sounds made by performers as well as sounds felt by the audience. The composition of music is a prerequisite for music realization, and is fundamental to music performance and appreciation. The limitation of musical notes, however, results in the difficulty in achieving originality in a musical work. Therefore, when similarities between different musical pieces are noticed, controversies about whether unlawful appropriation is established tend to be provoked following a growing awareness of copyright protection. It is, by no means, easy to ascertain whether a work has been illicitly copied. In view of this, the study, combining the perspectives of law and music, works on a probe into “substantial similarity,” which plays a crucial role in the assessment of unlawful appropriation. Copyright issues concerning unlawful appropriation in musical works are the targeted subjects.
Conclusions and contributions are outlined as follows: 1. The study summarizes the elements needed for music compositions and the conditions concerning music composition protection, as well as the standards for “originality” acknowledged by the U.S. judicial cases. 2. The study is the first one to examine unlawful appropriation from the viewpoint of music borrowing, to discuss the copyright involved in the process of music production. 3. The study, resorting to the U.S. judicial cases as standards, is the first one to categorize music borrowing into four types, namely parody, digital sampling, arrangement, and improper borrowing. The categorization, when controversies arise, is of great help in the primary step of assessment, in turn restricting the categories of unlawful appropriation. 4. The study reviews and analyzes the requirements for unlawful appropriation actions in the U.S. judicial cases. It is also a systematic introduction of the assessment steps, the revised theories, and the significant judicial cases involved in the copyright infringement principles of Arnstein. 5. The study imposes guidelines applicable to our nation in the determination of unlawful appropriation. Within the framework of access and substantial similarity, as are involved in the simplified principles of Arnstein, the study is also the first one to propose detailed discussions and suggestions for the determination of substantial similarity in terms of participants for assessment, standards for comparison, and methods for application. Music analysis and Spectrum analysis are employed as well. 6. The study reviews cases likely to constitute substantial similarity, which can serve as references for future analyses.
In sum, the study is not only the basis for related researches in the future, but also the guidelines for practical uses in judicial cases. Hopefully, more emphases will be placed on the related questions and studies concerning music compositions.
|Appears in Collections:||科際整合法律學研究所|
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