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.
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
Chapter 5: Conclusion
5.1: Irish Music as an Oral Culture
5.2: “Authorship” in Oral Cultures
5.3: How To Recognise the Community
Appendix A: Intellectual Private Property
A.1: Definitions and Law
A.2: A Brief History of Copyright
A.3: Current Copyright Law
Appendix B: Analysis of Tune Evolution in Sweeney
Objectives & Research Themes
This work explores the tension between modern intellectual property law and the communal, oral nature of creativity within traditional Irish music. The primary research question addresses whether the Western model of the individual "author" is compatible with traditional art forms that rely on collective transmission, and how the "copyright bargain" might be reformed to better reflect the communal reality of Irish music.
- Theoretical analysis of intellectual property and individual vs. communal rights.
- Examination of Irish traditional music as a primary oral culture.
- Assessment of current copyright enforcement and its impact on the community.
- Evaluation of alternative licensing frameworks like Creative Commons in a traditional context.
- Proposed legal and administrative reforms to acknowledge communal authorship.
Excerpt from the Book
3.3: Community in the Authorship Process
In modern Ireland, there has always been a strong tradition of community involvement in decision-making, in ethics and morality, and in the development of community benefit through the allocation of resources. This can be seen in classic studies of Irish communities, such as Arensberg and Kimball’s classic text, Family and Community in Ireland. From such sources, it can be seen that the family unit, at the core of the small village community, was historically responsible for enforcing the social norms by rewarding desired behaviours such as establishing a new family or abiding by the teachings of the Catholic Church and shaming or ostracising those who refused such structures. Though there are also examples of communities that arranged land and work in a communal pattern for the betterment of all (especially in island culture), the longstanding landlord and land-agent system made this difficult. However, communities would often band together to raise money for village halls and churches, which were seen as beneficial to the community as a whole. With the village community united behind very specific ideas of good and evil, right and wrong, salvation and sin, it was only natural that the development of musical forms rooted in the community (as distinct from the more urban art music or classical forms) would also owe much to the approval of the community. The same tacit approval or disapproval of a body of people could shape the development of an artistic tradition.
Summary of Chapters
Chapter 1: Introduction: Provides a theoretical overview of intellectual property law and introduces the conflict between the modern "author" model and the dynamics of traditional Irish music.
Chapter 2: Methodology: Details the research approach, including library work, personal interviews, and the use of Internet ethnography to gather perspectives from the Irish music community.
Chapter 3: The Idea of Authorship: Analyzes the philosophical roots of authorship (Locke, Hegel) and investigates how the community acts as an active participant in the creative process of Irish traditional music.
Chapter 4: Copyrighting Traditional Culture: Examines the practical challenges of applying current copyright law to ethnomusicology, focusing on commercial exploitation versus the traditional sharing ethos.
Chapter 5: Conclusion: Synthesizes the research findings and argues for a legal reform that recognizes the community as a co-author, rather than abolishing copyright entirely.
Keywords
Copyright, Intellectual Property, Irish Traditional Music, Oral Culture, Authorship, Community, Communitarianism, Ethnomusicology, Creative Commons, Folklore, Public Domain, Fair Dealing, Performance Rights, Cultural Heritage, Collective Wisdom
Frequently Asked Questions
What is the core focus of this publication?
The work examines how contemporary copyright law, which is based on individual ownership, conflicts with the collective, oral tradition of Irish music.
What are the primary themes discussed?
The key themes include the philosophical history of property rights, the nature of creativity in oral societies, and the social role of communities in shaping artistic standards.
What is the author's primary research goal?
The objective is to demonstrate that the traditional individualistic copyright model is inadequate for Irish music and to advocate for a legal framework that includes the community as a co-author.
Which research methodologies are employed?
The author uses a multidisciplinary approach combining legal and philosophical literature reviews with Internet ethnography and personal interviews with traditional musicians.
What does the main body of the work cover?
It covers the history of authorship theories, the specific challenges of copyrighting traditional cultural expressions, and the economic motivations behind modern IP enforcement.
Which keywords define this research?
Essential keywords include intellectual property, Irish traditional music, authorship, oral culture, collective rights, and communal creativity.
How does the author define the "traditional" aspect of Irish music?
The author defines it as a style and social practice rather than a specific historical period, highlighting the importance of transmission and shared repertoire.
What role do institutions like Comhaltas play in the author's argument?
These institutions are viewed as self-organized community bodies that act as arbiters of tradition, demonstrating the collective power of the community in shaping music culture.
- Quote paper
- Breandán Ó Nualltáin (Author), 2008, Community Authorship, Munich, GRIN Verlag, https://www.grin.com/document/174145
