IASPM 2014: Take It or Leave It! Copyright, Creators and Commercial Decision-Making

September 13, 2014

Joe Bennett

Kenny Barr, University of Glasgow

Pub gig Many unsigned bands covet the ‘badge of honour’ of signing a deal, regardless of how unfavourable its terms may be.

ABSTRACT:

This paper scrutinizes the role of copyright in the commercial decision-making of Popular Music creators. UK copyright law confers an exclusive ‘basket of rights’ on musical creators. Theoretically at least, this privileges creators as the key decision makers in copyright transactions. However, scholars have questioned whether most creators wield meaningful influence in these negotiations. Instead, they have argued that creators find themselves in extremely weak bargaining positions largely due to the ‘take it or leave it’ terms offered by commercial investors.

Perhaps as a consequence of these critiques, the nuance in the ‘lived experience’ of creators’ commercial decisions has been largely overlooked in academic research. Drawing on data gathered from in-depth interviews with contemporary creators and investors, this paper probes the complex interplay between…

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