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Copyright Law and Electronic & Improvised Music

  • 08 Feb 2012
  • 18:00
  • Allens

A seminar on the transformative use of musical works and sound recordings in improvised and electronic music.

Presented by

Nathan Shepherd
Nathan Shepherd is a senior associate at Allens Arthur Robinson.

Recent technological innovations present a number of challenges to copyright law. However, in the area of music composition and recording, technology has been an enabling force, facilitating new and exciting works and recordings based on sampling, mash-ups, mixing and other forms of composition, arrangement and improvisation. In many ways these practices are based on principles rooted in more traditional forms of improvised music (eg jazz and other forms of Indigenous music) which have become increasing popular in Western music. Yet engaging in such practices (even on a non-commercial basis) often amounts to copyright infringement.  
Nathan Shepherd, who is both a TMT lawyer and musician, will look at when such practices can be classified as transformative and, where they are, whether there should be an exception in the Copyright Act so the quoting, referencing and transformative development of musical ideas does not constitute infringement. Nathan will demonstrate some key principles underpinning improvised music on the saxophone and also discuss interesting issues arising from the interaction of Western copyright law, Indigenous musical practices and developing technology.

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