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Copyright And Borrowing, Olufunmilayo B. Arewa
Copyright And Borrowing, Olufunmilayo B. Arewa
Olufunmilayo B. Arewa
Borrowing is a norm in much cultural production that should be better incorporated into copyright doctrine. Copyright doctrine governs both the creation and distribution of cultural works, such as literary texts and musical works. Consideration of borrowing and copyright largely relates to the creation side of copyright. A number of terms may be used to illustrate the ways in which new cultural texts relate to existing cultural texts. Further, a significant commentary exists in fields such as literary theory and musicology that discusses and analyzes the significance of such relationships. Terms such as borrowing, self-borrowing, transformative imitation, quotation, allusion, homage, …
Copyright On Catfish Row: Musical Borrowing, Porgy & Bess And Unfair Use, Olufunmilayo B. Arewa
Copyright On Catfish Row: Musical Borrowing, Porgy & Bess And Unfair Use, Olufunmilayo B. Arewa
Olufunmilayo B. Arewa
Treatment of musical borrowing under current copyright standards is far too often inequitable. This is evident in the works of George Gershwin, who, for a number of reasons, was able to borrow freely from existing traditions, works and artists, copyright the works he produced that reflected such borrowings, and then restrict future borrowings and reinterpretations of his works. The operation and the uses of copyright in the specific instance of George Gershwin’s musical practice reflect actual uses of copyright in the musical arena and demonstrates some ways in which current copyright frameworks may not adequately contemplate actual practices of music …