McLeod, chapter 2: Copyright and the folk music tradition The general point, before we note specifics: intellectual property constraints clash with social practices that are intertextual in nature. He will later, of course, leverage this idea with the notion that digital developments are also intertextual . . . and thereby clash with IP law. And we should note: there IS some folk music that is still in the public domain.

Conceptual claims “Originality” is a notion put forward via literacy and literary work. Oral traditions don’t claim originality. Most folk music has more in common with oral than literate traditions. The US copyright regime problematizes the process of making folk music. Originality joined with intellectual property law emphasizes individual proprietary ownership, thereby “freezing” folk-like practices.

Some of the compelling issues Folks have long copied: many of our (most American) of music practices, like blues, folk, and jazz are steeped in a tradition of copying Folks who were copied have long been ripped off. Sometimes, even by other poor folks. More often, by the wealthy business owner, often with racist overtones. IP participants cast traditional borrowing as “stealing” and “lack of creativity.” tell that to a jazz player Our practices in global venues are pretty Americanized and often denigrate the cultural traditions of the “other.”

When folks copy, the result is often group work, not individual output When folks copy, the result is often group work, not individual output. Copyright doesn’t protect the group work of traditional cultures. When folk stuff is misappropriated, more than money is lost: the cultural value of the stuff is devalued. So on one hand, protection would be real useful; on the other hand, the notion of “protection” reeks of unfair application.

Two cases Happy Birthday “the writers” probably weren’t The item probably should not be protected The item IS protected, with ferociousness. ASCAP vs camps Public performance is public performance, for which one has to pay public performance fees. A major problem with our system is that common people don’t understand and if they did, they wouldn’t like it.

GOOD COPY BAD COPY - a documentary about the current state of copyright and culture Andreas Johnsen, Ralf Christensen, and Henrik Moltke, Denmark, 2007. http://video.google.com/videoplay?docid=-4323661317653995812#