Bootlegging: Romanticism and Copyright in the Music Industry (Published in association with Theory, Culture & Society)

′A valuable and distinctive contribution to the penumbra debate, refreshingly shedding light on some of the clichés of copyright, and alerting readers to the extra-legal factors that cannot be ignored in any socially-embedded study of copyright′ - Stuart Hannabuss, Aberdeen Business School ′Bootlegging is a smart, provocative and highly readable analysis of the high theory and low practices of music copyright and its transgressors. It is most refreshing to read a sociological analysis of a topic usually left to lawyers and industry apologists. An essential book for anyone who wants to understand the contemporary music industry′ Simon Frith - Professor of Film and Media Studies, University of Stirling. Bootlegs - live concert recordings or studio outtakes reproduced without the permission of the rights holder - hold a prominent position in the pantheon of popular music. They are also much misrepresented and this fascinating book constitutes the first full length academic treatment of the subject. By examining the centrality of Romantic authorship to both copyright and the music industry, the author highlights the mutual dependence of capitalism and Romanticism, which situates the individual as the key creative force while challenging the commodification of art and self. Marshall reveals how the desire for bootlegs is driven by the same ideals of authenticity employed by the legitimate industry in its copyright rhetoric and practice and demonstrates how bootlegs exist as an antagonistic but necessary component of an industry that does much to prevent them. This book will be of great interest to researchers and students in the sociology of culture, social theory, cultural studies and law. Acknowledgement Introduction Chapter 1: Lessons from History Authorship and copyright before 1710 The Statute of Anne The battle of the booksellers: literary property defined Copyright in revolutionary France and America Developing a sociological understanding of copyright Notes Chapter 2: Copyright and the Romantic Author ‘Romanticism’ The Romantic author in nineteenth century UK copyright Romanticism and copyright Wordsworth, copyright and immortality The author, his readers and the market The Romantic author in French copyright The hegemony of Romanticism Notes Chapter 3: Romanticism and Popular Music A note on terminology Romanticism and rock authenticity Notes Chapter 4: Romanticism, Copyright and Piracy Romanticism and the music industry Romanticism, commodification and copyright Piracy as an aesthetic crime Notes Chapter 5: Problems and Alternatives Adorno’s culture industry The collective subject and the death of the author A positive public right in copyright Notes Chapter 6: Introduction to Bootlegging Copyright in sound recordings of musical works Bootlegging and international copyright Defining different types of piracy Chapter 7: An Overview of Bootlegging The early history of rock bootlegs Bootleg sources The scale of bootlegging Bootleg collectors A model of bootlegging The ‘protection gap’ Notes Chapter 8: The Impact of Bootlegging on the Record Industry and the Industry’s Response The economic impact of bootlegging Legal responses to bootlegging Anti-bootleg rhetoric Author-centred rhetoric Notes Chapter 9: The Dialectic of Romanticism and the Symbolic Significance of Bootlegging Contested commodification The dialectic of Romanticism Notes Bibliography Index "Bootlegs - live concert recordings or studio outtakes reproduced without the permission of the rights holder - hold a prominent position in the pantheon of popular music. They are also much misrepresented and this fascinating book constitutes the first full length academic treatment of the subject." "By examining the centrality of Romantic authorship to both copyright and the music industry, the author highlights the mutual dependence of capitalism and Romanticism, which situates the individual as the key creative force while challenging the commodification of art and self." "Marshall reveals how the desire for bootlegs is driven by the same ideals of authenticity employed by the legitimate industry in its copyright rhetoric and practice and demonstrates how bootlegs exist as an antagonistic but necessary component of an industry that does much to prevent them." "This book will be of great interest to researchers and students in the sociology of culture, social theory, cultural studies and law."--Jacket