The government’s copyright policy causes both frustration and excitement in the music industry

Luke McDonagh argues that the government isn’t enforcing the Digital Economy Act, which introduced severe penalties for those illegally downloading copyrighted music online, because of the potential political backlash from the large number of illegal downloaders in the UK. There is much room for improvement in legal online music infrastructure that will serve as the ‘carrot’ to end rampant online piracy

Book review: Symbolic power, politics and intellectuals: the political sociology of Pierre Bourdieu

"Symbolic Power, Politics and Intellectuals: The Political Sociology of Pierre Bourdieu." David L. Swartz. University of Chicago Press. May 2013. --- Power is the central organizing principle of all social life, from culture and education to stratification and taste. And there is no more prominent name in the analysis of power than that of Pierre Bourdieu. In Symbolic Power, Politics, and Intellectuals, David L. Swartz delves into Bourdieu’s work to show how central – but often overlooked – power and politics are to an understanding of sociology. This book can be regarded as a superb piece of analysis, as well as a great read, and one which successfully sheds light on a neglected aspect of Bourdieu’s work, concludes Luke McDonagh

Book Review: An anthropology of architecture

"An Anthropology of Architecture." Victor Buchli. Berg Publishers. September 2013. -- In this book Victor Buchli sets out to explain how anthropology thinks about public and private boundaries, gender, sex and the body, the materiality of architectural forms and materials, building technologies and architectural representations. Luke McDonagh finds interesting Buchli’s observation that anthropologists tend to view state institutions such as prisons, hospitals, and schools as not mere static vessels but as deliberately designed symbols of disciplinary power, overseen by the state

Book review: how China became capitalist

How China Became Capitalist details the extraordinary, and often unanticipated, journey that China has taken over the past thirty five years in transforming itself from a closed agrarian socialist economy to an indomitable economic force in the international arena. Luke McDonagh finds that Ronald Coase and Ning Wang provide a fascinating, though somewhat partisan, account of the Chinese economic transformation from the late 1970s up to the present day

Rearranging the roles of the performer and the composer in the music industry – the potential significance of Fisher v Brooker

The composer has historically been at the top of the tree in the music industry; most royalties due to artists flow back to composers/songwriters rather than performers. Over the last few decades, the enactment of stronger performers’ rights has sought to redress this historical imbalance by providing performers with, amongst a number of economic and moral rights, the right to receive compensation for the exploitation of their performances. However, this article explores the fact that there may be cases where performers may be ‘authors’ for the purpose of copyright, as opposed to performers’ rights. Some original works of joint authorship – musical arrangements – may not have been traditionally recognised as such within the music industry. For instance, with regard to the making of arrangements by a group of musicians, it appears from recent UK case law that as long as a performing musician makes an original contribution to the creation of an arrangement, he or she will be a joint-author of the resulting work. As a result of this, the performing musician is deserving of a share of copyright in that arrangement, and by analogy, a share of licensing revenue from the exploitation of the arrangement. However, this conclusion appears to be slightly at odds with historical practices within the music industry. Furthermore, the law in this area raises further questions concerning whether it ought to be the case that performers are potentially seen as joint authors in return for their creative contributions. In order to assess these issues in detail, this article first outlines the concept of the musical work under the CDPA, including analysis of the distinction between the composition and the arrangement. The article also discusses the historical hierarchy of musicians in the music industry, exploring the reasons why the composer of the work has traditional received more royalties than the performer of the work. An assessment of the originality of compositions and arrangements is also detailed over the course of this article. Furthermore, in order to properly assess the issues, the important UK cases in this area are examined in this article, with a particular focus on the case of Fisher v Brooker, a case which clarifies to some degree the law on the making of musical arrangements, and which also deals with the complex licensing issues that can arise from finding that a band member is in fact a joint author of a recorded arrangement. Ultimately, this article argues that the law on authorship and joint authorship in this area is clear - any musician who adds sufficient creative originality to a musical work during the performance and recording process is a joint author of the resulting arrangement. However, although the law is clear, the music industry practices may not take account of this. For this reason, it is important that musicians in groups place their legal relationship to each other regarding the works which result, including the terms of the distribution of royalties, in writing before they begin the artistic process

Book review: after the spring: economic transitions in the Arab world

The Arab Spring constitutes perhaps the most far-reaching political and economic transition since the end of communism in Europe. For too long, the economic aspirations of the people in the region, especially young people, have been ignored by leaders in Arab countries and abroad. The authors of this book argue that significant economic reforms must accompany the major political transitions that are underway. Luke McDonagh finds this collection to be required reading as an account of the next steps that countries in the region should take

Book review: China or Japan: which will lead Asia?

"China or Japan: Which Will Lead Asia?" Claude Meyer. Hurst. September 2012. --- This stimulating book aims to open a debate on the question of leadership in Asia for which China and Japan are competing. Claude Meyer assesses the two rivals’ strengths and weaknesses as well as the major challenges which they will face in that battle for supremacy. Luke McDonagh is impressed by this book’s balance and historical insight, and recommends the book for those interested in the economic future of the region

Linguistic diversity in the UK and Ireland - does the meaning of equality get lost in translation?

This chapter examines the law in the area of linguistic diversity in the UK and Ireland, with particular focus on the provision of language services such as interpretation and translation . While English remains the dominant language, there are a vast number of minority languages spoken within both states. However, as noted over the course of this chapter, while there is a diverse range of minority languages, the legal status of each language is not equal in either the UK or Ireland. In fact, there are two distinct legal frameworks. The legal framework to be used depends upon the category the language falls into. One model covers the category of ‘indigenous’ or ‘regional’ minority languages , such as the Celtic languages of Welsh, Scots-Gaelic and Irish . The other framework generally covers the languages of immigrants, and for the purpose of this chapter these languages are described as ‘immigrant’ languages. However, to some extent it is arguable that the terms ‘indigenous’ and ‘immigrant’ are unsatisfactory. For instance, Barbour has noted that it is unclear how long a language must be present in a territory before it is described as ‘indigenous’. Hence, the terms ‘indigenous’ and ‘immigrant’ are used with some trepidation in this chapter and these terms are used purely for the purposes of offering a critique on whether such a distinction is necessary and justifiable. This chapter also assesses the relevant European and international jurisprudence on language rights, which includes issues of minority rights as well as cultural heritage measures. For instance, the significance of minority language rights in Europe is examined, with particular reference to the provisions of the Charter for Regional and Minority Languages, which was enacted by the Council of Europe in 1992. It has been argued that the distinction between categories of language, as identified above, is mirrored to some extent at the European level. However, it is further arguable that from a minority rights perspective, the provision of two distinct models, dependent on whether a language is classed as ‘indigenous’ or ‘immigrant’, is not desirable. This chapter argues that a single, general right to linguistic diversity may be preferable. In addition, recent European jurisprudence appears to point in this direction. Regarding the issue of linguistic heritage, it is possible that certain provisions for the promotion of particular languages are objectively justifiable, when framed within an internationalist and universal cultural heritage model. Measures that are enacted for ‘mere’ nationalistic grounds or measures that do not have the specific aim of promoting or safeguarding an endangered language may not be acceptable within a universal cultural heritage framework. Furthermore, it is possible that an international cultural heritage perspective, considered in the light of the UNESCO Convention on the Safeguard of the Intangible Heritage, 2003, has the potential provide a framework for a heritage-based language policy. This chapter concludes with an assessment of the current legislation of the UK and Ireland in light of this internationalist perspective. Ultimately, this chapter argues that it may be justifiable to treat some languages unequally, but only in limited circumstances, and only so far as any ‘dissenting voices’ are properly taken into account