Financial Times FT.com

Music and illegality

By James Boyle

Published: November 15 2007 16:55 | Last updated: November 15 2007 16:55

Jazz is illegal.  Probably. Isn't that a shame? Well, at least if the soloist does not pay a licensing fee to the composer of the tune he just quoted in that eight-bar solo. And as for basing an entire song on  the famous chord progressions taken from Gershwin's I Got Rhythm – something hundreds of jazz greats have done? Forget about it.

Rap is illegal too – at least the interesting rap of the 1980s that sampled hundreds or thousands of other tracks to produce a wall of sound.  The boringly simplistic thudding rap of today is fine – the two or three samples in each song have been cleared through an army of lawyers. The great classical composers?  Well, it is a good thing they are not alive today. All those witty quotations, homages? All verboten. “Get a licence or do not quote, Ludwig!”  As for a composer like Charles Ives, who scholars claim practised 14 different forms of “borrowing” in building his paean to the American musical spirit?  Nowadays he would be advised to hire a good lawyer. Under contemporary law in the US,13 of them are illegal.

You have viewed your allowance of free articles. If you wish to view more, click the button below.

Read this