If we’re gonna reimagine copyright law, the place to start (I think) would be with the fact that CR law (developed in the US during slavery in the colonial era) was based around BOOKS. many of the music CR issues we have are because it can’t account for CR SOUND.
This is one of the MAIN things I’m trying to interrogate in #Blacksound and intellectual property.
and there’s a desire NOT to account for sound in CR law because the sounds that make up most popular music in this nation (since slavery) have been those of Black people. Property, property.
So by the time you get to the 70s/80s when Black producers begin to sample other black artists in making hip hop, we’re already at a standstill. And then as hip hop becomes the dominant commercial style, it’s about race, power, and access (see multiple CR cases re: Bey and Jay)
This is also engaged, as it has to do with theater, in @DerekKMiller’s awesome work on copyright (history) https://www.cambridge.org/core/books/copyright-and-the-value-of-performance-17701911/B3A054044A6BDF8D4E1F051F3C07F19F
When I read this book, I felt so seen lol. Even though it’s from a different angle and focus.