Mathieu Deflem
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Please cite as: Deflem, Mathieu. 2013. "Introduction: The Laws of Music." Pp. ix-xxi in Music and Law, edited by Mathieu Deflem. Bingley, UK: Emerald Group Publishing.
The chapters in this volume deal with a variety of issues concerning the relationships between music and law. The nexus of law and music can intellectually be approached within the social sciences from at least two angles, which can each and both usefully explore a wide number of interesting themes.
One,
looking at law from the viewpoint music, the sociology of law and other social
and behavioral disciplines focused on law and law-related phenomena can
untangle social issues posed by music as a cultural expression in its relation
to the social reality of law. In the sociology of law, for example, the
relationship of law to culture has been of central concern since the
development towards modern sociology (Deflem, 2008). Classical scholars such as
Emile Durkheim and Max Weber, in
their opposition to Marxian thought, devoted considerable attention to the
continued relevance of culture vis-à-vis economic aspects of industrialization.
In the move toward contemporary sociology, the cultural-idealist viewpoint of
Talcott Parsons (1971) and other modern giants of sociological thought likewise
accorded a central role to culture and especially sought to uncover its
relationship to the need for normative integration. In the work of modernist
scholars like Jürgen Habermas (1996) the relationship between values and norms
becomes the central problem of the modern age, contemplating especially on the
continued need for normative integration in the light of a drift towards
hyper-multiculturalism.
Two,
looking at music from the angle of law, intellectual refuge can be sought in
the sociology of culture, in general, and the sociology of music, in particular
(Roy, & Dowd, 2010). Developing from the classic contributions in the
sociology of music by the likes of Max Weber (1921) and Theodore Adorno (1976),
the contemporary sociology of music has done much to advance our understanding
of the important social dimensions as well as s sociological relevance of music
as a relevant aspect of contemporary cultures (Roy, & Dowd, 2010). Among
the forces particular to be reckoned with --useful for settling the score, one
could say, in the sociology of music-- are aspects of power and market
commodification (Dowd, 2003, 2004), technology (Dowd, 2005), racial and gender
issues (Dowd, & Blyler, 2002; Dowd, Liddle, & Blyler, 2005), career
opportunities and constraints (Dowd, & Kelly, 2012), and indeed law and
legality, as the chapters in this volume show.
Needless
to suggest then, the answer to a question on the sociology of music is easily
answered as there is nothing sociological about music, while there is much
sociologically relevant about music. And in analyzing this relevance not of the
least importance is the role of law and legal regulation. In this day and age,
in fact, the expansion of so-called entertainment law at the level of
professional legal training stands as a prime expression of the heightened
relevance of the legal dimensions of music, especially in the digital age. It
is in the light of this contemporary relevance that the present work is
situated.
The
chapters in this volume are divided into three parts. In Part I, the main
emphasis of the contributions is on the normative frameworks and sanctioning
mechanisms that are applied to musical expressions in the contemporary world.
Dan Schwender opens the book with a detailed account of some of the legal
issues involved with the use of popular music at presidential campaigns in the
United States. Schwender usefully demonstrates the relevance of copyright
issues and how the courts deal therewith. The chapter by Serona Elton continues
with exploring legal aspects of online piracy in the United States and
elsewhere in the world. Elton argues that a graduated response can be most
successful in addressing the problems at hand. Mitch Daschuk and James Popham devote their chapter to an analysis of
the recording industry in guiding copyright policy. Their analysis is
especially relevant in the light of technological changes affecting music
today. Jon Garon, in the final chapter of Part I, centers on the consequences
of legal issues for the creative and artistic side of music. Garon also suggests
the practical consequences of his analysis for musicians and their counsel.
Part
II of the book contains chapters that in various ways address issues of
politics and culture. Jean-Marie Seca researches the
main characteristics of the social construction of the policy of
electro-amplified popular music in France. These musical forms, Seca shows,
mediate between a deliberative rationalization of protest and a musicalization
of revolt. Cynthia R. Nielsen next articulates an historically attuned model
for the understanding of jazz. Nielsen’s analysis affirms African-American
musicians’ artistic contributions to the shaping of modern jazz as a respected
art form. In the context of Japan, Masaya Takahashi discusses
cultural norms of traditional folk music. Takahashi argues that the practitioners
of such music see the tracing of the
roots of their work as an obligation. Heitor Alvelos focuses on pop music production in relation to a range of
analogue sound artefacts. Alvelos shows how actual developments are confronted
with an orthodoxy by media labels and distributors. Victor Corona’s chapter researches prison depictions
in fictional contexts of popular music, specifically concentrating on Elvis
Presley, Michael Jackson, and Lady Gaga. Corona’s analysis is significant by
linking queer expression in this context in relation to some of the most iconic
superstars in pop music.
The
final part of this volume addresses deviance and other forms of illegalities
involved with music. Sara Towe Horsfall develops a framework for understanding
deviant genres of music. She identified the three important functions of social
criticism, spreading the news, and public catharsis of exceptional events. Cecilia Blengino’s
chapter discusses the criminalization of sharing music on peer-to-peer
networks, especially in the Italian situation. Blengino shows that treating the matter with the
means of criminal law produces unintended consequences. Finally, Juan D. Montoro-Pons and Manuel Cuadrado-García
offer a quantitative analysis, conducted in the context of Spain, concerning
the effects of copyright infringement on recorded music purchases and live
music attendance. The authors find positive effects of copyright infringement
on both album purchases and live attendance. Collectively, the chapters here
presented hope to show the reader much of what social-science research can
offer in analyzing the connections between music and law.
Mathieu Deflem
Editor
REFERENCES
Adorno, T.W. (1976). Introduction to the sociology of music. New York : Seabury Press.
Deflem, M. (2008). Sociology of law: Visions of a scholarly tradition. Cambridge, UK: Cambridge University Press.
Dowd, T.J. (2002). Culture and commodification: Structural power in the early U.S. recording industry. International Journal of Sociology and Social Policy, 22, 106-140.
Dowd, T.J. (2003). Structural power and the construction of markets: The case of rhythm and blues. Comparative Social Research, 21, 147-210.
Dowd, T.J. (2004). Concentration and diversity reconsidered: Production logics and the U.S. mainstream recording market, 1940-1990. Social Forces, 82, 1411-1455.
Dowd, T.J. (2005). From 78s to mp3s: The embedded impact of technology in the market for prerecorded music. In J. Lampel, J. Shamsie & T. Lant (Eds.), The business of culture: Emerging perspectives on entertainment, media and other industries (pp. 205-224). Mahwah, NJ: Lawrence Erlbaum.
Dowd, T.J., & Blyler, M. (2002). Charting race: The success of black performers in the mainstream recording market, 1940 to 1990. Poetics, 30, 87-110.
Dowd, T.J., & Kelly, K.J. (2012). Composing a career: The situation of living composers in the repertoires of US orchestras, 2005-2006. In Mathieu, C. (Ed.), Careers in creative industries (pp. 210-233). London: Routledge.
Dowd, T.J., Liddle, K., & Blyler, M. (2005). Charting gender: The success of female acts in the U.S. mainstream recording market, 1940-1990. Research in the Sociology of Organizations, 23, 81-123.
Dowd, T.J., Liddle, K., & Nelson, J. (2004). Music festivals as scenes: Examples from serious music, Womyn's music, and SkatePunk. In Bennett, A., & Peterson, R.A. (Eds.), Music scenes: Local, translocal and virtual (pp. 149-167). Nashville: Vanderbilt University Press.
Habermas, J. (1996). Between facts and norms: Contributions to a discourse theory of law and democracy. Cambridge, MA: The MIT Press.
Parsons, T. (1971). The system of modern societies. Englewood Cliffs, NJ: Prentice-Hall.
Roy, W.G., & Dowd, T.J. (2010). What is sociological about music? Annual Review of Sociology, 36, 183-203.
Weber, M. (1921). Die rationalen und soziologischen Grundlagen der Musik. Tübingen: Mohr.
