63,928 research outputs found
Play it again, Duke: jazz performance, improvisation, and the construction of spontaneity
No abstract available
Conquering Copyright: Why Copyright Needs to be Modernized Based on Practical Illustrations of Inconsistent Copyright Precedent
Copyright law establishes an authorâs right to secure exclusive rights in their writings. If an author finds an infringing work, the author can file a copyright infringement suit to protect their original writings and stop an infringer from misappropriating their work. In analyzing copyright infringement, however, some legal theories, such as the Inverse Ratio Rule, mischaracterize the crux of the copyright infringement inquiry and complicate the infringement inquiry for judges and juriesâadversely affecting authors. Using indie musicians as an exemplary embodiment of modern copyright jurisprudenceâs adverse effects, indie musicians who merely have access to a more famous musicianâs music may be unfairly prejudiced under current legal theories.
To eliminate unfair prejudice for indie musicians and other similar creatives, this note advocates for the modernization of copyright infringement inquiries in two contexts: (1) abrogating rules subverting intuitive concepts into mathematical formulas to ensure all copyright owners are equally afforded protections; and (2) implementing judicial tools to clarify copyright adjudication, given factfinders often misunderstand copyright precedent.
This note also contains several proposals to ameliorate copyright infringement adjudication. First, an administrative copyright tribunal, analogous to the PTAB and the TTAB, should be created to opine solely on issues of access and similarity, allowing district courts the ability to stay a case pending the administrative copyright tribunalâs opinion on access and similarity. Also, although plaintiffs usually request a jury trial, having a judge (an administrative law judge from a copyright tribunal or a district court judge) opine on access and probative similarity does not implicate 7th amendment issues because juries would nevertheless retain their purpose to decide unlawful appropriation of the original work, which is the essence of the infringement analysis. Second, using special masters or technical advisors in copyright cases will increase efficiency and clarity due to their copyright expertise, achieving results similar to special masters and technical advisors in patent infringement adjudication. Finally, conferring appellate copyright infringement jurisdiction to the Federal Circuit may remove confusion for judges and juries by homogenizing copyright jurisprudence with a specialized court
How do conservatoire graduates manage their transition into the music profession? Exploring the career-building process
This thesis seeks to investigate the career-building process for conservatoire graduates. Life transitions of any type are often anxiety-inducing, and graduation from a degree is no exception. Although conservatoires frequently return DLHE statistics suggesting that graduate employment rates approach 100%, other studies indicate that conservatoire graduates have inadequate career preview, and are consequently unprepared for the realities of a career in music. Despite conservatoiresâ attempts to educate their students for varied future careers, the problem persists, and some students avoid careers advice completely. Therefore, this project aims to gain a more nuanced understanding of conservatoire graduatesâ experiences of this transition with respect to their experiences whilst studying.
The project took a qualitative approach, to capture rich experiential data. In the first part of the project, 21 written accounts were analysed, to investigate participantsâ lasting memories of their transitions. The following interview study, with 19 respondents, aimed to build on the findings. Establishing and graduating musiciansâ perspectives were compared, to examine the ways in which graduates are (un)prepared for their future careers.
The findings suggest that a development in aspirations is central to the conservatoire-to-workplace transition. This came about as a result of enacting a wide variety of work roles during and after the conservatoire degree. Conservatoire education enabled respondents to enact orchestral and operatic roles âas standard,â meaning that many new graduates aspired towards those job roles without considering their competencies outside of performance. Therefore, a great deal of aspirational development took place post-graduation. Respondents developed their aspirations through greater self-knowledge and assessment of their values, requiring many of them to shed fixed ideas and attitudes pertaining to âidealâ musiciansâ careers. A wider range of musical experiences and increased opportunity to engage with values may aid conservatoire graduates to make a âsmootherâ transition into the professional world
'It's much harder than I thought': facilitating a singing group for people with Parkinson's disease
A university-based, international research project investigating the effects of regular singing group activities for people with Parkinsonâs disease provided a unique opportunity to capture the lived experience of three facilitators of Australian-based singing groups. Using a phenomenological approach, data were collected via facilitatorsâ reflective journals of singing group activities together with their oral reports at a symposium at the conclusion of the larger research project. Data analysis revealed the skills and attributes described by the three facilitators and the challenges they experienced. Results indicate that targeted skills training around a knowledge of voice function and awareness of the physical and emotional challenges faced by people with Parkinsonâs disease could assist facilitators to develop best practice interventions
Handel opera presentation, past and present : a thesis presented in partial fulfilment of the requirements for the degree of Master of Music at Massey University, Wellington, New Zealand
What differences, if any, exist between the performance of Handel opera during his lifetime, and contemporary performances? To what extent do these differences reflect the need to adapt Handel's operas when performed out of their original context, and how does knowledge of original performance practices enhance the singer's ability to interpret and present characters in performance? This study investigates the ideas outlined above, exploring the social and cultural environment of opera seria, its conventions, and the way in which Handel's operas were presented during his lifetime, later providing a comparison with contemporary productions. It aims to enhance understanding of the production and musical aspects of staging a Handel opera, and to illustrate how this knowledge can assist in performance
Volume 40, Number 03 (March 1922)
What is the Most Important Work to Which the Music Clubs of America May Devote Their Efforts? A Nation-Wide Symposium
Beginnings of American Music: A Sketch of Our Musical Endeavor Up to the Early Years of the Last Century
What Our Music Clubs Need Most
Ingrowing Musical Clubs
Music Students in Small Towns
Getting More Pupils
Slow Practice with Exaggerated Accents
Opera a Year
What the National Federation of Musical Clubs is Doing to Help in Making America a Musical Nation
Heredity and Music
Club: A Municipal Personality
Beacon Lights of Opera, To-Day and Yesterday: Graphic Sketches of the Masters Who Have Developed the Art
Are Parents Always Right
Story of American Musical Clubs
How to Form a Music Department in a Woman\u27s Club
Fascinating Club Entertainments and How to Give Them
Opportunity for the Music Clubs
Friendliness in the Club
How Hofmann Masters a Difficult Passage
Shall We Be Ourselves
How to Organize a Music Club in Your Community
Ten Suggestions for Musical Clubs
Get Inside and Help
Prospectus of National Federation Activities
Molehill Mountains
Are Musicians BornâNot Made?
Their Hobbies
Spohrs Noisy Waistcoat
Secret of Holding the Child\u27s Interst in Junior Club Work
What Shall We Call Our New Music Club
How to Work Up Programs and Special Study Courses for Music Clubs
How to Keep Up Interest in a Club Music Section
Speed Kings at the Keyboard
When They Wrote Their First Symphonies
Choose Your Audience
Strangled with Red Tape
What They are Doing in California
Interesting Points About Sound
War Musicians
How to Arrange for a Small Orchestrahttps://digitalcommons.gardner-webb.edu/etude/1687/thumbnail.jp
Forbidden triads and Creative Success in Jazz: The Miles Davis Factor
This article argues for the importance of forbidden triads - open triads with
high-weight edges - in predicting success in creative fields. Forbidden triads
had been treated as a residual category beyond closed and open triads, yet I
argue that these structures provide opportunities to combine socially evolved
styles in new ways. Using data on the entire history of recorded jazz from 1896
to 2010, I show that observed collaborations have tolerated the openness of
high weight triads more than expected, observed jazz sessions had more
forbidden triads than expected, and the density of forbidden triads contributed
to the success of recording sessions, measured by the number of record releases
of session material. The article also shows that the sessions of Miles Davis
had received an especially high boost from forbidden triads
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