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from Part IV - IP Social Justice in the Political Economy: Engaging Activism; Achieving Change
Published online by Cambridge University Press: 04 January 2024
American copyright embraces all kinds of creative expression, howsoever such expression might be documented. Despite the comprehensive scope of American copyright, it has at times been misconstrued to exclude some modes of creative expression. This chapter examines the adverse intellectual property social justice (IP-SJ) impacts of the requirement of written notation to obtain a United States copyright in a musical composition in place until 1978, and still affecting a vast number of valuable works. IP-SJ1 requires that everyone be included, empowered, and provided the ability to express themselves and to profit therefrom, even if the music does not arise out of or comport with European classical music traditions and mechanisms, especially written notation.
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