Melbourne Conservatorium of Music - Theses

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    Can copyright cope with music?
    Bunting, Susan Lynette ( 2001)
    The purpose of this dissertation is to consider whether the copyright regime that presently exists in Australia adequately protects different kinds of music. It reviews the history of music and copyright law with particular emphasis on English law as this forms the basis of Australian law. It examines how the courts have handled music under the copyright regime and considers the problems that the history of copyright law present for the protection of improvised and indigenous music. The dissertation concludes that although copyright has problems coping with some kinds of music such as jazz, aleatory music and indigenous music, these problems do not warrant wholesale changes in copyright law. Copyright, while trying to protect all forms of creative works is also trying to protect two mutually exclusive objects, the creator and the public. Nineteenth century developments in copyright gave much greater protection to the creator, but began to lose sight of the other important rationale for copyright, dissemination of information and creation of the public domain. Present day developments are going even further. The balance is changing and the public, and ultimately the creator, is the loser. The question that confronts today's legislators is, should the copyright regime, with its inherent philosophies based on eighteenth and nineteenth century ideas of property and creativity, be retained and simply amended as required, or should it be abandoned altogether. This thesis posits the view that wholesale alteration of copyright law to include improvised music and music which is orally transmitted and collectively composed will not benefit the public. It is not in the best interests of creators who have a right to reasonably freely available information. Nor would it be of benefit to indigenous societies since it would be imposing ideas that might conflict with the creative ideals of those societies.