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Title:From Compliance to Creative Rights in Music Education: Rethinking Intellectual Property in the Age of New media
Author(s):Thibeault, Matthew D.
new media
creative commons
music education
higher education
Abstract:This article examines one possible approach to teaching music with regards to creative rights and copyright. The author shares theoretical ideas underlying changes in content, creativity, and culture brought about by the rise of new media and the Internet. Comparing examples of works made in the professional arena as well as student works, the article details kinds of creativity that will become increasingly prevalent. As these creative practices are intimately involved with new media, this brings increased attention to copyright in the classroom. The article reviews the predominant framework for teaching copyright, concluding that it favors compliance and centers on illegal downloading and digital infringement. A critique of the compliance approach finds four key weaknesses: first, that it is out-of-step with the norm/law gap; second, there is an inherent ambiguity in copyright that makes compliance difficult to achieve; third, it is not in harmony with contemporary creative practices teachers should be promoting, and; fourth, it has lead to the omission of critical areas that belong in every child’s education. In its place, the article argues for a creative rights approach, focusing upon creativity and innovation as the function and purpose of copyright. The article closes with three approaches for the enacting of a creative rights approach: recognition of student work, attention to the intellectual property dimensions of the curriculum, and the allowance of transgressive works.
Issue Date:2012
Citation Info:Thibeault, M. D. (2012). From compliance to creative rights in music education: Rethinking intellectual property in the age of new media. Music Education Research, 14(1), 103–117. doi:10.1080/14613808.2012.657165
Publication Status:published or submitted for publication
Peer Reviewed:is peer reviewed
Date Available in IDEALS:2014-01-09

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