Intellectual Property, Copyright, and the American Music Industry

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2014
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Haverford College. Department of Political Science
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Thesis
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Award
Language
eng
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Haverford users only
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Abstract
In my thesis, I examine the history and philosophy of intellectual property and the specific case of music copyright in the United States. I examine the history and philosophy to create a context and establish a historical trend of the intended purpose of laws regarding intellectual property and copyright through the ages. Ultimately, I make the argument that the music industry in the United States is outmoded, due to both an improper treatment of the laws regarding copyright and a faulty effort to incorporate new technologies into the industry. While my study looks specifically at the music industry, it is possible to draw broader implications about the nature of intellectual property and the interaction of technology and industry. I conclude that the primary fault in the industry occurs with the industry misconception of intellectual property as a direct analogue to physical property, rather than seeing it as a concept with protections. Finally, I outline alternative distribution models that fall in line with the original purpose of copyright and suggest new guidelines to reflect this purpose in the law. The importance of intellectual property in the functioning of our society cannot be understated. It is essential for much of the framework of modern commerce and has played an essential role in international trade and development for over a century. The nuance and complexity of international politics is reflected in the laws and policies regarding intellectual property; the modern concept extends far beyond the original Greek general protections granted to the creators of new leisure related goods. In order to fully understand the practices of intellectual property, we must first examine the history of intellectual property protections and the reasoning behind these rules.
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