INF 390N: Information Policy: Music, , and Technology

Unique ID#: 27585 Spring Semester 2015 Mondays: 6–9 p.m. UTA 1.204

Instructor: Mark A. Davidson, Ph.D., MSIS [email protected]

Office Hours: By appointment, email

Objectives · To introduce the student to the concepts of music and ownership/authorship, music copyright law both in the United States and abroad. · To provide the student with familiarity with navigating legal documents, both by Congress and various courts. · To introduce students to the idea of the Commons and alternatives to traditional legal claims of ownership. · To discuss the and issues of with regard to music scholarship and publication. · To provide a history of sound recording and music distribution technologies. · To familiarize students with the field of forensic musicology and the role of expert witnesses in music copyright cases. · To introduce students to the legal, moral, and ethical concerns in archiving audiovisual media collections

Deliverables (dates given in course schedule) · 3 short presentations (copyright in another country; historical court case; case) · Culminating project (of your choosing) in 4 parts: Proposal/Bibliography, First Draft, Peer Review, Final Draft

Grade Breakdown Participation/Readings – 15% · Presentations (3) – 10% each = 30% · Proposal – 10% · First Draft – 10% · Peer Review – 10% · Final Draft – 25% · Total = 100%

Texts: All texts are available online or through the UT Library system as an e-Book or downloadable article. The one book that we will be reading in its entirety (which is also available for download), Jessica Litman’s Digital Copyright is small, thin, and cheap, and would be an excellent addition to your personal library if you decide to purchase a hard copy.

Films/Videos: All and videos are available for online streaming.

University of Texas Student Honor Code The University’s expectations for student conduct are grounded in the University Code of Conduct: “The core values of The University of Texas at Austin are learning, discovery, freedom, leadership, individual opportunity, and responsibility. Each member of the University is expected to uphold these values through integrity, honesty, trust, fairness, and respect toward peers and community.” University students are also expected to uphold the Student Honor Code: “As a student of The University of Texas at Austin, I shall abide by the core values of the University and uphold academic integrity.” University students are also expected to abide by all city, state, and federal laws and statutes and all regulations of the University and The University of Texas System. However, as a community of scholars, the University expects from its students a higher standard of conduct than that required simply to avoid discipline. The principles of the Student Honor Code together with the University Code of Conduct should govern and direct student conduct, to promote a safe environment that is conducive to academic success and to ensure that each University student graduates ready to contribute to society as an ethical citizen. [From General Catalog, Appendix C, Chapter 11: Student Discipline and Conduct http://catalog.utexas.edu/general-information/appendices/appendix-c/student-discipline-and-conduct/]

Documented Disability Statement Any student with a documented disability who requires academic accommodations should contact Services for Students with Disabilities (SSD) at (512) 471-6259 (voice) or 1-866-329 3986 (video phone). Faculty are not required to provide accommodations without an official accommodation letter from SSD. Please notify me as quickly as possible if the material being presented in class is not accessible (e.g., instructional videos need captioning, course packets are not readable for proper alternative text conversion, etc.). Please notify me as early in the semester as possible if disability-related accommodations for field trips are required. Advanced notice will permit the arrangement of accommodations on the given day (e.g., transportation, site accessibility, etc.). Contact Services for Students with Disabilities at 471-6259 (voice) or 1-866-329-3986 (video phone) or reference SSD’s website for more disability-related information: http://www.utexas.edu/diversity/ddce/ssd/for_cstudents.php

Course Schedule Date Topic Readings (Due) Assignment (Due) Week 1 Course Introduction Jan 26

Week 2 Copyright Law in the United States Feb 2 Boyle; Litman; Websites: U.S Copyright Office; Universities Week 3 Copyright and Libraries/Archives Feb 9 Litman; Hirtle, et al; Brown and Brown; Websites: SAA, ALA, ARSC, ARL Week 4 Copyright, 1998 and forward Feb 16 DMCA, Sonny Bono, Eldred v. Litman; DMCA; Sonny Ashcroft Bono; Eldred, Lessig Week 5 Commons; Public Domain, World IP Feb 23 Public Domain, The Commons, Boyle; Hardin; Lessig; Presentations – IP laws , World IP outside the U.S. Week 6 Sound Recordings and Copyright – Part 1, History Mar 2 Music copyright, recordings, Rutter, Morton, Suisman, Presentations – historical printing, overview of technology Carroll, Mason, etc. music copyright cases Week 7 Sound Recordings and Copyright – Part 2; Pre-1972 Recordings, State laws Mar 9 State and common laws; rights to Jaszi, Besek, Subotnik, Project Proposal Due: privacy/publicity; current efforts Brooks Overview, Bibliography Week 8 SPRING BREAK Mar 16 NO CLASS

Week 9 Copyright and Visual Media Mar 23 , video, and photograph Sony case, National Film preservation and copyright, Sony Preservation Foundation, case, AE1 Photograph Archiving book, etc. Week 10 Repatriation and Ethics Mar 30 Ownership and Authorship, McLeod, Seeger, Mitsui, Repatriation, Archival Ethics Laing, Zemp, etc. Week 11 Pop Will Eat Itself – Part One Apr 6 The Music Industry; Music Beam, Begault, Copyright Infringement; Forensic Vaidhyanathan, various Musicology Week 12 Pop Will Eat Itself – Part Two Apr 13 Sampling and Musical Borrowing; Boyle; Sewell; Presentation: Music ; Creativity vs. McLeod/DiCola; Films Copyright Infringement Copyright Week 13 Legal Music Distribution and the Law April 20 Radio/Payola; Music Streaming Coase; Albini; Richardson; Draft Due Debate etc. Week 14 Not-So-Legal Music Distribution Apr 27 Piracy; Bootlegging; Torrenting; Vaidhyanathan; McLeod; Peer Review Due Napster; Grokster, Pirate Bay Marshall; Films Week 15 Other Media (Born Digital, Oral History, MOOCs, etc.); Wrap-Up May 4 Wrap-up, Review May 10 Final Project Due

Selected Readings Albini, Steve. “The Problem With Music.” The Baffler, 5 (1994), http://www.thebaffler.com/salvos/the-problem- with-music

Aoki, Keith, James Boyle, and Jennifer Jenkins. Bound by Law?: Tales from the Public Domain. CSPD, 2006.

Beam, Christopher. “What’s a Forensic Musicologist?” Slate, 12 November 2010.

Begault, Durand R., Heather D. Heise, and Christopher A. Peltier. “Analysis Criteria for Forensic Musicology.” Audio Forensic Center, Charles M. Salter Associates, San Francisco, CA, paper for the International Congress on Acoustics conference, 2–7 June 2013, http://www.audioforensics.com/PDFs/ICA_Musicology2013.pdf

Besek, June M. “Copyright and Related Issues Relevant to Digital Preservation and Dissemination of Unpublished Pre-1972 Sound Recordings by Libraries and Archives.” CLIR Publication No. 144. Washington, D.C.: Council on Library and Information Resources and Library of Congress, 2009.

Boyle, James, and Jennifer Jenkins. : Law and the Information Society. http://web.law.duke.edu/cspd/pdf/IPCasebook2014.pdf; http://www.thepublicdomain.org/wp- content/uploads/2014/07/Boyle-Jenkins-IP-Statutory-Supplement-2014.pdf

Boyle, James. The Public Domain: Enclosing the Commons of the Mind. New Haven, CT: Yale University Press, 2009.

Boynton, Robert S. “The Tyranny of Copyright?” New York Times, January 25, 2004, http://www.nytimes.com/2004/01/25/magazine/the-tyranny-of-copyright.html

Brooks, Tim. “Copyright and Historical Sound Recordings: Recent Efforts to Change U.S. Law.” Notes: Quarterly Journal of the Music Library Association 65, No. 3, (2009): 464–74.

Brooks, Tim. “How Copyright Law Affects Reissues of Historic Recordings: A New Study.” Association for Recorded Sound Collections (ARSC) Journal 36 (2005): 183–203.

Brooks, Tim. “Only in America: The Unique Status of Sound Recordings under U.S. Copyright Law and How It Threatens Our Audio Heritage.” American Music 27, no. 2 (2009): 125–37.

Brown, Richard Harvey, and Beth Davis-Brown. “The making of memory: the politics of archives, libraries and museums in the construction of national consciousness.” History of the Human Sciences, Vol. 11, No. 4 (1998): 17–32.

Carroll, Michael W. “The Struggle for Music Copyright.” Working Paper Series. Paper 31, 908–61.

Copyright Term Extension (“Sonny Bono Copyright Act”), S.505, 27 January 1998.

Cummings, Alex Sayf. Democracy of Sound: and the Remaking of American Copyright in the Twentieth Century. Oxford: Oxford University Press, 2013.

Epperson, Bruce D. “A Circle and a “C”: One Hundred Years of Recorded Music in American Copyright.” Association for Recorded Sound Collections, blog, http://arsc-audio.org/blog/category/copyright/

Higgins, Parker. “It's Copyright Week: Let's Take Copyright Back.” Electronic Frontier Foundation, https://www.eff.org/deeplinks/2015/01/its-copyright-week-lets-take-copyright-back

Hirtle, Peter B., Emily Hudson, and Andrew Kenyon. Copyright and Cultural Institutions: Guidelines for U.S. Libraries, Archives, and Museums. Ithaca, NY: Cornell University Library, 2009.

Jaszi, Peter, and Nick Lewis. Protection for Pre-1972 Sound Recordings under State Law and Its Impact on Use by Nonprofit Institutions: A 10-State Analysis. CLIR Publication No. 146. Washington, D.C.: Council on Library and Information Resources and Library of Congress, 2009.

Laing, Dave. “Copyright, Politics, and the International Music Industry.” In Music and Copyright, ed. Frith and Marshall, 70–88.

Lancefield, Robert C. “Musical Traces’ Retraceable Paths: The Repatriation of Recorded Sound.” Journal of Folklore Research 35, no. 1. Special Issue: International Rites (1998): 47–68.

Lessig, Lawrence. “The Creative Commons.” Montana Law Review 65, No. 1 (2004): 1–14.

Lessig, Lawrence. Free Culture: How Big Media Uses Technology and the Law to Lock Down Culture and Control Creativity, 213–264, http://www.free-culture.cc/freeculture.pdf

Lessig, Lawrence. The Future of Ideas: The Fate of the Commons in a Connected World. New York: Vintage, 2002.

Litman, Jessica. “Campbell at 21/Sony at 31” http://works.bepress.com/jessica_litman/20/

Litman, Jessica. “Fetishizing Copies.” in Copyright in an Age of Limitations and Exceptions, ed. Ruth Okediji (forthcoming, 2015). http://www-personal.umich.edu/~jdlitman/papers/FetishizingCopies.pdf

Litman, Jessica. Digital Copyright. Amherst, NY: Prometheus Books, 2001, 11–76.

Litman, The Story of Sony v. Universal Studios: Mary Poppins Meets the Boston Strangler, Intellectual Property Stories. Ed. Jane C. Ginsburg and Rochelle C. Dreyfuss. Foundation, 2006 (30 pp.).

Lyons, Bertram. “Repatriation and Digital Cultural Heritage.” Indian Folklife 37 (2011): 1–3.

Mannapperuma, Menesha A., Brianna L. Schofield, Andrea K. Yankovsky, Lila Bailey, and Jennifer M. Urban. “Is it in the Public Domain?: A Handbook for Evaluating the Copyright Status of a Work Created in the United States between January 1, 1923 And December 31, 1977.” Berkeley Law, May 27, 2014.

Mason, John E. Jr. “Performers Rights and Copyright: The Protection of Sound Recordings from Modern Pirates.” California Law Review 59, No. 2 (March 1971): 548–79. http://scholarship.law.berkeley.edu/californialawreview/vol59/iss2/5

McLeod, Kembrew. “Confessions of an Intellectual (Property): Danger Mouse, Mickey Mouse, Sonny Bono, and My Long and Winding Path as a Copyright Activist.” Popular Music and Society, Vol. 28, No. 1 (2005): 79–93.

McLeod, Kembrew. "Owning Culture." Authorship, Ownership, and Intellectual Property Law, Popular Culture and Everyday Life, Peter Lang (2001).

Morton, David. Off the Record: The Technology and Culture of Sound Recording in America (New Brunswick, NJ: Rutgers University Press, 2000), 13–47.

Patry, William. Moral Panics and the Copyright Wars. Oxford University Press, 2009.

Peterson, Gary, and Trudy Huskamp Peterson. Archives and Manuscripts: Law. Chicago: Society of American Archivists, 1985.

Seeger, Anthony. “Ethnomusicologists, Archives, Professional Organizations, and the Shifting Ethics of Intellectual Property.” Yearbook for Traditional Music 28 (1996): 87–105.

Seeger, Anthony. “Ethnomusicology and Music Law.” Ethnomusicology, Vol. 36, No. 3, Special Issue: Music and the Public Interest (Autumn, 1992), pp. 345-359.

Sewell, Amanda. “How Copyright Affected the Musical Style and Critical Reception of Sample-Based Hip-Hop.” Journal of Popular Music Studies, Vol. 26, Nos. 2–3 (2014): 295–320.

Strauss, Neil. “POP VIEW; Sampling Is (a) Creative Or (b) Theft?” New York Times, September 14, 1997: http://www.nytimes.com/1997/09/14/arts/pop-view-sampling-is-a-creative-or-b-theft.html

Suisman, David. Selling Sounds: The Commercial Revolution in American Music. Harvard University Press, 2009.

Suisman, David. "Sound, Knowledge, and the “Immanence of Human Failure” Rethinking Musical Mechanization through the Phonograph, the Player-Piano, and the Piano." Social Text 28, no. 1 102 (2010): 13–34.

Suisman, David. "Sound Recordings and Popular Music Histories: The Remix."Journal of Popular Music Studies 23, no. 2 (2011): 212–20.

U.S. Copyright Office. “A Study on the Desirability of and Means for Bringing Sound Recordings Fixed Before February 15, 1972, Under Federal Jurisdiction.” http://copyright.gov/docs/sound/

U.S. Copyright Office. Pre-1972 Sound Recordings: A Report of the Register of . Columbia Journal of Law & the Arts, Vol. 37 (2014): December 2011. http://copyright.gov/docs/sound/pre-72-report.pdf

Vaidhyanathan, Siva. Chapter 4: “Hep Cats and Copy Cats: American Music Challenges the Copyright Tradition.” In Copyrights and Copywrongs: The Rise of Intellectual Property and How it Threatens Creativity (New York: New York University Press, 2001), 117–148.

Vaidhyanathan, Siva. “Why Thomas Jefferson Would Love Napster.” MSNBC.com. 3 July 2001. http://elastico.net/copyfight/upload/siva_jefferson.pdf

Zemp, Hugo. “The/An Ethnomusicologist and the Record Business.” Yearbook for Traditional Music 28 (1996): 36–56.

Selected Court Cases A&M Records, Inc. v. Napster, Inc., 239 F.3d 1004 (2001), http://www.law.cornell.edu/copyright/cases/239_F3d_1004.htm

Eldred v. Ashcroft, 537 U.S. 186, 123 S. Ct. 769, 154 L. Ed. 2d 683 (2003).

Flo & Eddie Inc. v. Sirius XM Radio Inc., et al., CV 13-5693 PSG (RZx), September 22, 2014, http://business.cch.com/ipld/FloEddieSiriusdXMRadio92214.pdf

Metro-Goldwyn-Mayer Studios Inc. v. Grokster, Ltd., 545 U.S. 913, 125 S. Ct. 2764, 162 L. Ed. 2d 781 (2005).

Sony Corp. of America v. Universal City Studios, Inc., 464 U.S. 417, 104 S. Ct. 774, 78 L. Ed. 2d 574 (1984).

Selected Films/Videos Albini, Steve. Face the Music Keynote Address; Melbourne, Australia, November 2014 https://www.youtube.com/watch?v=Lz_CPzuwSk4

Christensen, Ralf, Andreas Johnsen, Henrik Moltke, dirs. Good Copy, Bad Copy (2007) http://topdocumentaryfilms.com/good-copy-bad-copy/

Gaylor, Brett. RiP: A Remix Manifesto (2009): http://vimeo.com/8040182

Winter, Alex, director. Downloaded. VH1 Rock Docs, Trouper Productions, 2012. http://on.aol.com/video/downloaded---full-documentary-film-517844258

McLeod, Kembrew, dir. Copyright Criminals, http://vimeo.com/9958864