The Art of Musical Borrowing: A Composers Guide to the Current Copyright Regime Five Years on from Larrikin

Chesser, B 2015, 'The Art of Musical Borrowing: A Composers Guide to the Current Copyright Regime Five Years on from Larrikin', Musicology Australia, vol. 37, no. 1, pp. 60-75.


Document type: Journal Article
Collection: Journal Articles

Title The Art of Musical Borrowing: A Composers Guide to the Current Copyright Regime Five Years on from Larrikin
Author(s) Chesser, B
Year 2015
Journal name Musicology Australia
Volume number 37
Issue number 1
Start page 60
End page 75
Total pages 16
Publisher Taylor and Francis
Abstract In an age of musical collaboration, borrowing and remix, the law is unable to meet the needs of composers in a contemporary context. This paper examines the intersection between the precedents set in recent Australian Copyright Cases and notions of ownership, originality and contemporary compositional practice. In particular, it discusses the 2010 judgement in Larrikin Music Publishing Pty Ltd v EMI Songs Australia Pty Ltd (Larrikin) and its potential impact on two out of three novel case studies. The paper provides an uncomplicated yet effective framework within which composers can assess whether or not their work is likely to be deemed a substantial reproduction of another work.
Subject Intellectual Property Law
Musicology and Ethnomusicology
DOI - identifier 10.1080/08145857.2015.1023924
Copyright notice © 2015 Musicological Society of Australia
ISSN 0814-5857
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