Are musicians full of it? The metaphorical and figurative power of subconscious copying in copyright infringement cases

Jay Sanderson; Leanne Wiseman

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Are musicians full of it? The metaphorical and figurative power of subconscious copying in copyright infringement cases

Journal article

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Are musicians full of it? The metaphorical and figurative power of subconscious copying in copyright infringement cases

Jay Sanderson and Leanne Wiseman

Griffith Journal of Law and Human Dignity, (Special Art Issue), pp.53-66

2015

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Abstract

Law

Other Law and Legal Studies

subconscious copying

music creation

Subconscious copying is copyright infringement. In this paper, however, we argue that claims of subconscious copying in copyright infringement cases have significance beyond legal doctrine. Using the recent United States District Court decision involving Pharrell Williams and Robin Thicke's worldwide hit Blurred Lines as a starting point, we argue that subconscious copying claims have a metaphorical and figurative value that has various dimensions. In this way, claims of subconscious copying draw attention to the creativity, brilliance and genius of musicians. They reinforce the ethereal nature of music creation. They also portray music creation as a burden and a sacrifice, and that only a select few are capable of drawing on their subconscious to create and share music. Perhaps, then, evoking subconscious copying allows musicians to mitigate the harm to their reputation and seek dignity and self-respect; even when they are liable for copyright infringement.

Details

Title: Are musicians full of it? The metaphorical and figurative power of subconscious copying in copyright infringement cases
Authors: Jay Sanderson (Author) - University of the Sunshine Coast - USC Law School
Leanne Wiseman (Author) - Griffith University
Publication details: Griffith Journal of Law and Human Dignity, (Special Art Issue), pp.53-66
Publisher: Griffith University
Date published: 2015
ISSN: 2203-3114
Organisation Unit: University of the Sunshine Coast, Queensland; School of Law and Society; School of Law and Criminology - Legacy
Language: English
Record Identifier: 99449155102621
Output Type: Journal article

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