By examining the centrality of Romantic authorship to both copyright and the music industry, the author highlights the mutual dependence of capitalism and Romanticism, which situates the individual as the key creative force while challenging the commodification of art and self. Marshall reveals how the desire for bootlegs is driven by the same ideals of authenticity employed by the legitimate industry in its copyright rhetoric and practice and demonstrates how bootlegs exist as an antagonistic but necessary component of an industry that does much to prevent them. This book will be of great interest to researchers and students in the sociology of culture, social theory, cultural studies and law.

Problems and Alternatives

Problems and alternatives

We have thus far established that much of the law and everyday praxis of contemporary copyright contains a number of assumptions that are characteristic of Romantic theory and explained a number of reasons why this may be so. The study of bootlegging later in the book provides an example of the ideas discussed, but before that I want to discuss creativity and copyright more generally. The practical and political problems of contemporary copyright, which are given a much fuller overview elsewhere (for example, Litman, 2000; Lessig, 2001; Vaidhyanathan, 2001), are the result of wider discrepancies of power but these wider discrepancies are maintained and exacerbated through a copyright system that justifies its individualisation of ownership through reliance on the Romantic ...

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