The law according to music
Philippe MALAURIE - Professor (université Paris 2 Panthéon-Assas)
Hugues FULCHIRON - Professor (université Lyon 3)
Mathieu TOUZEIL DIVINA - Professor (université du Maine)
Jean COMBACAU - Professor (université Paris 2 Panthéon-Assas)
Yves MAYAUD - Professor (université Paris 2 Panthéon-Assas)
Marie-Claude NAJM KOBEH - Professor (université Saint Joseph - Liban)
This thesis, the subject of which is Rights and law in according to music is in response to Mr CARBONNIER's Précis de sociologie juridique (Précis of legal Sociology) in which the writer suggest doing a research about the rights and law's representation in music.
The aim of this thesis, accordingly, is to enquire whether music does indeed involve rights and law - an associated legal phenomenon - and if so, what extent. In this context, all aspects covered by the terms rights and law are considered: the law, the judgement, the contract and the basis of authority - whether human or divine. As used here the term music represents solely that which falls within the scope of western classical music, be it of a religious or non-religious nature. The wording in according to refers therefore to the different aspects inherent in the rights and law's representation in music which is the subject's problematic:
- rights and law for the use of music: after confirmation of the presence of rights, law and legal actors in the five hundred or so works reviewed, the purpose of this first part is to explain why these legal requirements exist in a musical work, what these requirements define and how they apply in this work.
- rights and law concerning musical composition: this second part , based on many of the musical procedures used by composers (instrumentation and voices, the use of harmony and counterpoint, musical phrasing and motifs, expression and rhythm), aims at identifying how the musical composition represents rights and law. Examples are illustrated by over three hundred and fifty musical themes.
- rights and law as viewed by the world of music: the last part deals with the manner in which rights and law are viewed by the world of music according to the various factors involved : the important role of consent, coercive working practises, a very formal framework, a conservative environment.
In conclusion, if music comprises an original vehicle for rights, the vehicle, though it could be improved, is nevertheless substantial.