Musicians in Copyright's Federated Domain presented at Duke University School of Law

Michael Carroll

Abstract

Why is music taking center stage in contemporary debates about copyright policy, and should it? To put this question in historical perspective, this talk first looks back to examine how and why music first came within copyright's domain. Focusing on the story of music copyright illuminates a dialectic relationship between the practices of particular creative communities and the organizing principle of authorial rights. From this perspective, Carroll argues that it is better to understand the concept of copyright as supplying an organizing principle for a federation of creative communities, each with distinct features and needs that should be reflected in the law.