[SSRN] Indian Music: Ancient Traditions, Contemporary Rights

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    …an essay on copyright and musical creativity which ‘discusses cultures of musical borrowing in the realm of Indian music from ancient times to the present day, and examines the effect of the introduction of colonial copyright law in India. It posits that the Western paradigm on which contemporary copyright law is based cannot be easily integrated with Indian musical practices, and argues for the decolonisation of the law’.

    ‘This essay, excluding the personal note introducing it, is a lightly-edited version of what would have been my contribution to the volume — Music Borrowing and Copyright Law: A Genre-by-Genre Analysis edited by Enrico Bonadio and Chen Wei Zhu. (I withdrew it from the book in early 2023 due to the failure to reach an agreement as to the terms of publication.)’

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    Contents

    A Personal Note

    Divergent and Enmeshed Histories

    Incongruous Laws in Indian Environs

    Adaptation and Fixation

    Authors and Performers

    Attributed and Actual Authorship

    Borrowing in Cultures of Dialogue

    The Adoption of Music

    Copyright Considerations

    Musical Echoes and Reverberations

    Decolonising Copyright Law

    Read the essay over at SSRN: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4426590



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