The Interplay Between Law and Music

Abstract

To achieve copyright protection for a musical work within the EU, originality must be established. In turn, the evaluation of originality is crucial for assessing plagiarism in musical works as well. Since musical compositions are constructed of different elements of music, some more or less inherently unique, a music theoretical approach may add a novel perspective to the discussion. Infringement in musical works through various forms of reproduction is a highly debated topic within the musical society today. Therefore, it is crucial to determine which musical elements are concrete enough for copyright eligibility, in contrast to those vaguer or broader elements of music that reside within the public domain. This master thesis searches for a legal environment that respects artistic creativity while preserving intellectual property rights. Put differently, it seeks to provide a dialogue between musicians and legal practitioners: how can music theory affect the evaluation of originality and plagiarism in musical works within EU copyright law?