Copyright law represents a cultural bargain: to encourage creativity, authors are granted time-limited monopolies over tangible expressions of their creative works. The incentive to create is thus balanced against the general public good, which includes the value of a healthy intellectual commons. This intellectual property bargain has now been institutionalised internationally through trade treaties and national and international laws. In the case of traditional cultural expressions, though, the bargain appears to fall down.
First, there seems to be no evidence that creativity within most traditional cultures is or has been contingent upon the granting of such monopolies for exploitation. Second, in the case of traditional cultures, concepts such as “author”, “expression” and “creative work” can be extremely slippery. Third, the concept of creativity within many traditional cultures does not automatically support the idea that cultural artefacts are in fact created by individual authors.
Using Irish traditional music as an example of a community-based traditional art form, I show that authors create new expressions within such cultures only through the implicit or explicit engagement with other cultural actors. As such, the concept of the single “author” within such cultures is problematic, and leads inevitably to a discrediting of the traditional discourse of intellectual property regulation.
I also show that even the seemingly fixed expressions of such a traditional culture are “fixed” only in the most local sense--in an oral rather than literary culture, ideas are continuously reused and remixed in extremely mutable ways. As a result of this finding, the process of creativity must be re!examined in such contexts in order to support a more appropriate formulation of the intellectual property bargain.
Inhaltsverzeichnis (Table of Contents)
- Chapter 1: Introduction
- Chapter 2: Methodology
- 2.1: Internet Ethnography
- 2.2: Reviewing the Literature
- Chapter 3: The Idea of Authorship
- 3.1: John Locke and Beyond
- 3.2: Post-Enlightenment Ideas on Creativity
- 3.3: Community in the Authorship Process
- 3.4: Authorship in the Irish Tradition
- 3.5: Resistance to the ideas of Copyright
- Chapter 4: Copyrighting Traditional Culture
- 4.1: Examples from Ethnomusicology
- 4.2: Commercial Considerations of Copyright
- 4.3: Copyright in Irish Culture
- 4.4: The Future of Copyright in Ireland
Zielsetzung und Themenschwerpunkte (Objectives and Key Themes)
This study theoretically explores the nature of creativity in Irish traditional music, the community's role in this creative dynamic, and the implications for intellectual property theories rooted in classical liberal thought. It examines how the concept of individual authorship clashes with the communal nature of Irish traditional music creation and transmission.
- The nature of creativity within Irish traditional music.
- The role of community in the creative process of Irish traditional music.
- The conflict between traditional Irish music's communal authorship and contemporary copyright law.
- The implications of copyright law for the preservation and evolution of traditional music.
- Re-examining the intellectual property bargain in the context of oral cultures.
Zusammenfassung der Kapitel (Chapter Summaries)
Chapter 1: Introduction: This chapter introduces the study's theoretical focus on creativity in Irish traditional music and its implications for intellectual property law. It establishes the core problem: the incompatibility between the individualistic model of authorship embedded in copyright law and the communal nature of creativity in Irish traditional music. The chapter defines intellectual property and copyright, highlighting the key tension between protecting creators' rights and the public good. It emphasizes the importance of the "fixed expression" requirement in copyright law and how this poses challenges for a tradition heavily reliant on oral transmission and improvisation, like Irish music.
Chapter 2: Methodology: This chapter outlines the research methods employed in the study. It details the use of internet ethnography to explore the online dissemination and use of Irish traditional music, along with a review of existing literature on copyright law, the philosophy of authorship, and the cultural practices surrounding Irish traditional music. The combination of these approaches allows for a multifaceted examination of the research questions.
Chapter 3: The Idea of Authorship: This chapter delves into the concept of authorship, tracing its historical development from John Locke's ideas to more contemporary understandings of creativity. It critically examines the limitations of the individualistic model of authorship, particularly in the context of communal creative practices. The chapter explores how the concept of authorship in Irish traditional music differs from the individualistic model, highlighting the collaborative and evolving nature of musical creation and transmission within the tradition. It also analyzes resistance to copyright within the Irish traditional music community.
Chapter 4: Copyrighting Traditional Culture: This chapter applies the theoretical framework developed in the preceding chapters to the specific case of copyrighting traditional culture. It presents examples from ethnomusicology and analyzes the commercial implications of copyright for traditional musicians. The chapter focuses on the complexities of copyright within Irish culture, addressing the unique challenges posed by oral transmission and collective authorship. Finally, it explores the future of copyright in the context of Irish traditional music, considering potential solutions to the existing tensions.
Schlüsselwörter (Keywords)
Irish traditional music, copyright law, authorship, community, oral culture, intellectual property, creativity, collective authorship, intangible property, traditional music, copyright implications, cultural expressions.
FAQ: A Comprehensive Language Preview on Copyright, Authorship, and Irish Traditional Music
What is the main topic of this study?
This study explores the complexities of applying copyright law to Irish traditional music, focusing on the conflict between the individualistic model of authorship inherent in copyright and the communal nature of creativity within this musical tradition. It examines how the concept of individual authorship clashes with the communal nature of Irish traditional music creation and transmission.
What are the key themes explored in this study?
The key themes include: the nature of creativity within Irish traditional music; the role of community in the creative process; the conflict between traditional music's communal authorship and contemporary copyright law; the implications of copyright law for the preservation and evolution of traditional music; and re-examining the intellectual property bargain in the context of oral cultures.
What methodologies were used in this research?
The research employed internet ethnography to study the online dissemination and use of Irish traditional music, combined with a review of existing literature on copyright law, the philosophy of authorship, and the cultural practices surrounding Irish traditional music.
How does the study define and approach the concept of "authorship"?
The study traces the historical development of authorship from John Locke's ideas to contemporary understandings, critically examining the limitations of the individualistic model, especially concerning communal creative practices. It contrasts the individualistic model with the collaborative and evolving nature of authorship in Irish traditional music.
What are the specific implications of copyright law for Irish traditional music?
The study analyzes the challenges posed by oral transmission and collective authorship in applying copyright to Irish traditional music. It explores the commercial considerations of copyright for traditional musicians and investigates the potential solutions to the existing tensions between copyright law and the cultural practices of Irish traditional music.
What is the structure of the document provided?
The document includes a table of contents, a statement of objectives and key themes, chapter summaries, and a list of keywords. It provides a comprehensive overview of the study's content.
What are the chapter summaries?
Chapter 1 introduces the study's focus and the core problem: the incompatibility between individualistic authorship and communal creation in Irish music. Chapter 2 details the research methodology. Chapter 3 delves into the concept of authorship, its history, and its limitations in the context of Irish traditional music. Chapter 4 applies the theoretical framework to copyrighting traditional culture, focusing on Irish music's unique challenges.
What are the keywords associated with this study?
Keywords include: Irish traditional music, copyright law, authorship, community, oral culture, intellectual property, creativity, collective authorship, intangible property, traditional music, copyright implications, and cultural expressions.
What is the overall conclusion or argument of the study?
The study argues that the existing individualistic model of authorship embedded in copyright law is inadequate for addressing the communal nature of creativity in Irish traditional music. It highlights the need for a re-evaluation of intellectual property frameworks to better accommodate the unique characteristics of oral cultures and collective creative processes.
- Quote paper
- Breandán Ó Nualltáin (Author), 2008, Community Authorship, Munich, GRIN Verlag, https://www.grin.com/document/174145
