The Past, Present, and Future of Copyright Law's Musical Work: A View From Music Theory.

다국어 초록 (Multilingual Abstract)

This dissertation examines the relationship music theory can play and has played in American music copyright theory and litigation. Through the lens of copyright law’s “musical work,” I analyze how copyright laws have drifted in and out of alignment with the ways that contemporary theorists and musicians understand music. By exploring copyright’s history through a music-theoretical, technological, and cultural perspective, I argue that lawmakers’ attempts to understand and react to new musical developments have not kept pace with contemporary popular music. I then turn to the current state of music copyright litigation to problematize the current system of musical ownership that copyright law supports. A system of common property, which keeps the commonplace segments of music at issue in many copyright suits in the public domain, will best reflect the compositional processes known to the musicians governed by copyright laws. Finally, I offer a vision for the future of copyright law’s musical work that brings the law’s understanding of musical creativity into alignment with the priorities and practices of contemporary popular music.