McDonagh, Luke --- "Protecting traditional music under copyright (and choosing not to enforce it)" [2018] ELECD 867; in Bonadio, Enrico; Lucchi, Nicola (eds), "Non-Conventional Copyright" (Edward Elgar Publishing, 2018) 151

Book Title: Non-Conventional Copyright

Editor(s): Bonadio, Enrico; Lucchi, Nicola

Publisher: Edward Elgar Publishing

ISBN: 9781786434067

Section: Chapter 7

Section Title: Protecting traditional music under copyright (and choosing not to enforce it)

Author(s): McDonagh, Luke

Number of pages: 23

Abstract/Description:

This chapter examines how music is defined and protected under copyright law with a focus on traditional music, and outlines the reasons why, even if their music is protectable, traditional musicians might decide not to enforce copyright in their works. While there is space for some use of innovative licensing, inspired by FOSS and Creative Commons, it should not be viewed as a panacea; instead, acknowledgement and maintenance of the social norms within traditional music communities are of vital importance, rather than dramatic legal changes. The particular jurisdiction I focus on is the UK, but the underlying principles of the chapter are relevant to copyright elsewhere, for example in the EU, the US, Canada, Australia and New Zealand.