• The Greater Right of the Wrong

Lambert Academic Publishing
Publication date:

(Stephen Collins received his MA and LLB Honours at the Macquarie University in 2006)


‘The Greater Right of the Wrong’ concerns the intersection of American copyright law and musical creativity. Contemporary copyright law grants recording companies unprecedented control over secondary uses of recorded music. As music production technologies advance, musicians are exploring new approaches to creativity. Digital production technology readily invites intercreativity allowing musicians to integrate existing recording into new works. Due to the lack of a compulsory license for sound recordings, musicians are often faced with requests for licensing fees beyond their production budgets. Case studies illustrate that failure or refusal to obtain a license can lead to long and expensive law suits. For many musicians mounting a legal defense is not an option because of the costs involved. The result is a monopoly over creative uses of recorded music that censors some forms of creativity, and hinders musical diversity.

MATERIAS: American, copyright, Law, musical creativity, recorded music, compulsory license, sound recording, Sound