CORE Metadata, citation and similar papers at core.ac.uk Provided by Villanova University School of Law: Digital Repository Working Paper Series Villanova University Charles Widger School of Law Year 2003 Whose Music Is It Anyway?: How We Came To View Musical Expression As A Form Of Property { Part I Michael W. Carroll Villanova University School of Law,
[email protected] This paper is posted at Villanova University Charles Widger School of Law Digital Repository. http://digitalcommons.law.villanova.edu/wps/art2 WHOSE MUSIC IS IT ANYWAY?: HOW WE CAME TO VIEW MUSICAL EXPRESSION AS A FORM OF PROPERTY Michael W. Carroll* I. INTRODUCTION The year 2003 marked the end of the first decade of the “digital revolution.”1 Of the many changes wrought by developments in digital * Assistant Professor of Law, Villanova University School of Law. Thanks to Oren Bracha, Douglas Galbi, Jacqueline Lipton, Jessica Litman, and Michael Madison for insightful comments. I also received helpful comments on oral presentations of this Article at the Cyberlaw Retreat convened by Harvard Law School’s Berkman Center for Internet and Society and at the June 2003 Law and Society Annual Meeting. I thank the participants in both fora for their thoughts. The Villanova community has done much to support this project. For helpful and supportive comments, I thank my colleagues Michelle Anderson, Leslie Book, Ann Juliano, Greg Magarian, and Michele Pistone. For enthusiastic research assistance, I thank Christopher Nickels and Elizabeth Pulbratek; for unswerving administrative support, I thank Joan Delong; and for cheerful and efficient processing of numerous inter-library loan requests, I thank the reference librarians at the Villanova University School of Law.