Law Commons^™

Determining The Composition, Joe Bennett, Sean M. O'Connor

Faculty Works

This chapter explores the interpretation of a musical work in the context of changes to songwriters’ creative behaviors, driven by changes in composing technologies. It argues that in the 21st century, a musical work (MW) is fully embodied in a phonorecording, and that single, artificially isolated elements (such as melodic fragments) should be considered de minimis for the purposes of copyright infringement litigation. This view is evidenced by the self-reported creative activities of more than 200 songwriting teams, taken from the popular podcast Song Exploder. Three detailed case studies are provided from this collection, all based on songwriting teams using …