Music identities, individualization, and ownership shifts: Empowering a litigious paradigm of copyright protection

Abstract

Purpose – The purpose of this chapter is to relate to the reader how overlapping advancements in technology and the diffusion of popular music into the habitus of listeners have provided the framework for an instrumental rationalization of litigious approaches to copyright protection by their owners. Namely, the personalization of music, which has evolved with the aid of technological advancements, has privatized music consumption, thus establishing socio-legal parameters that limit consumption to an individual action.

Design/methodology/approach – We discuss the concepts of habitus and taste, communality in music ownership, communicative action, and technology-driven consumption as they relate to the instrumental rationalization of industry-led governance structures defining music ownership rights. These arguments are supported in part by a consideration of historic examples of tension and responding legal actions.

Findings – The primary outcome from this chapter is to illustrate the extent to which the recording industry has traditionally held a role in guiding copyright policy. The chapter concludes by illustrating the current legitimation crises encountered by the recording industry and policy makers as consumers abandon traditional ownership paradigms en masse.

Originality/value of chapter – The technologies associated with the Internet and music consumption continue to evolve. This chapter highlights the differing interests in controlling music interests, and casts light on how agency has influenced structural developments central to copyright.

Citation

Daschuk, M. and Popham, J. (2013), "Music identities, individualization, and ownership shifts: Empowering a litigious paradigm of copyright protection", Music and Law (Sociology of Crime, Law and Deviance, Vol. 18), Emerald Group Publishing Limited, Leeds, pp. 59-78. https://doi.org/10.1108/S1521-6136(2013)0000018006