Consumer Law

Excerpts:

By influencing the creative practices of role model performers such as Charlie Parker, Buddy Holly, and The Beatles, the entitlements created by copyright law can affect the behavior of nonprofessional and recreational musicians, who represent a more diverse cross-section of the musical community. Copyright has defined the broader structure of the music industry by changing the practices of a smaller subset of influential fringe performers. ?

The Copyright Act?s denial of a full performance right led to a steady increase in the number of songwriters. As a result, composing is no longer the exclusive dominion of a select group of professional New York writers. It has become commonplace. ?

A performer?s personal attachment to material he wrote also encourages compositions that are socially and artistically progressive. ?

The second reason why music composed by a performer/songwriter is substantively different from music composed by professional composers is that performer-songwriter compositions are marketed to a different audience. The professional songwriter?s primary audience, at least initially, is the industry executive, who is often searching for material that is representative of what is currently successful. This top-down process of repertoire selection encourages conservatism. ?