Does the law of copyright in the UK and Ireland conflict with the creative practices of Irish traditional musicians? A study of the impact of law on a traditional music network

Abstract

The objective of this thesis is to investigate whether copyright law has the potential to affect the creative practices of Irish traditional musicians. By outlining the central tenets of copyright law, including both economic and moral rights, the thesis aims to identify the crucial issues that are relevant to the relationship between copyright and music. As described over the course of this thesis, Irish traditional music is typically created and performed in an environment within which free-sharing and musical borrowing are encouraged. By dissecting the crucial issues of conflict between copyright and Irish traditional music, the thesis attempts to discover whether any potential solutions can be found within the law to resolve these conflicts. In order to do this, empirical research is undertaken, so that the perspectives of a number of Irish traditional musicians can be assessed in relation to both the potential conflicts and the potential solutions. This thesis aims to evaluate six things: - The coherence of the notion of „originality‟ under copyright in relation to the practices of Irish traditional music - The suitability of the notion of „authorship‟ of musical works under copyright in relation to the network of Irish traditional musicians - The suitability of the notion of „joint authorship‟ of musical works under copyright in relation to the collective forms of authorship present in the network of Irish traditional musicians - The potential for the doctrine of infringement to interfere with the practices of Irish traditional musicians - The applicability of moral rights in the context of Irish traditional music - The suitability of the copyright licensing model in relation to the practices of the Irish traditional music network.