'Hierarchy of protection' and 'hierarchy of culture': the effects of copyright law on traditional music

Zhang, Jiarong (2022) 'Hierarchy of protection' and 'hierarchy of culture': the effects of copyright law on traditional music. PhD thesis, University of Glasgow.

Abstract

This dissertation examines the effects of copyright law on traditional music of the marginalised communities. Traditional music of the marginalised communities has been exploited by music collectors from the dominant group, historically and contemporarily. The exploitation is often justified and legalised by the proposition that traditional music is unprotectable under copyright law, which can be described as a ‘hierarchy of protection.’ Further, traditional music of the marginalised communities is often perceived as inferior to classical or art music of the dominant groups, which can be described as a ‘hierarchy of culture.’ This dissertation aims to examine the role of copyright law in the exploitation of traditional music and in shaping the cultural perception or cultural status of traditional music. This is accomplished through a cross analysis of publishing processes and legal treatments of traditional music. Four sub-questions are examined to answer the main research question: 1) whether traditional music can be protected as musical works under three copyright requirements, originality, authorship, and fixation; 2) whether these copyright requirements are socio-cultural neutral or informed by broader industrial and cultural contexts, thus embedding cultural biases towards traditional music; 3) how traditional music was processed in music publishing and what were the relative legal consequences of these processes; 4) whether and how the compound of music publishing and copyright law influences the cultural perception of traditional music. This cross analysis facilitates the dissertation’s original contributions, including challenging the view that traditional music is unprotectable under copyright law. Theoretical patterns emerge from analysing the dynamic interaction between the ‘hierarchy of protection’ and the
‘hierarchy of culture.’ That is, copyright law has implemented the ‘hierarchy of protection’ in the legal field, thus constructing and reinforcing the ‘hierarchy of culture’ in the music field. The contributions underpin the implications of the dissertation: redressing the ‘hierarchy’ effect is essential for properly protecting traditional music against exploitation, and in the broader sense, for promoting socio-cultural equality between the dominant group and the marginalised communities.

• Item Type: Thesis (PhD)
• Qualification Level: Doctoral
• Subjects: K Law > K Law (General); M Music and Books on Music > M Music
• Colleges/Schools: College of Social Sciences > School of Law
• Supervisor's Name: Kretschmer, Professor Martin and Margoni, Professor Thomas
• Date of Award: 2022
• Depositing User: Theses Team
• Unique ID: glathesis:2022-83275
• Copyright: Copyright of this thesis is held by the author.
• Date Deposited: 22 Nov 2022 11:53
• Last Modified: 13 Dec 2022 12:31
• Thesis DOI: 10.5525/gla.thesis.83275
• URI: https://theses.gla.ac.uk/id/eprint/83275