Botek, Michelle M.

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Book Review. Music & Copyright in America: Toward the Celestial Jukebox by Kevin Parks

Indiana University Bloomington Maurer School of Law

Maurer School of Law: Indiana UniversityDigital Repository @ Maurer LawArticles by Maurer Faculty Faculty Scholarship2013Book Review. Music & Copyright in America:Toward the Celestial Jukebox by Kevin ParksMichelle M. BotekIndiana University Maurer School of Law, mbotek@indiana.eduFollow this and additional works at: http://www.repository.law.indiana.edu/facpubPart of the Entertainment, Arts, and Sports Law Commons, and the Intellectual Property LawCommonsThis Book Review is brought to you for free and open access by the FacultyScholarship at Digital Repository @ Maurer Law. It has been accepted forinclusion in Articles by Maurer Faculty by an authorized administrator ofDigital Repository @ Maurer Law. For more information, please contactwattn@indiana.edu.Recommended CitationBotek, Michelle M., "Book Review. Music & Copyright in America: Toward the Celestial Jukebox by Kevin Parks" (2013). Articles byMaurer Faculty. Paper 1323.http://www.repository.law.indiana.edu/facpub/1323KEEPING UP WITH NEW LEGAL TITLES920 On January 22, 1807, Jefferson declared Burr guilty of treason in an addressto Congress. Through this pronouncement, Jefferson "usurped the role of both thegrand jury and the trial jury" (p.177). Instead of marching victorious with a bandof hearty soldiers through the Southwest and Mexico, in February 1807 Burr wasarrested in the Mississippi Territory. He did not stand trial where his alleged crimetook place; he was whisked to Richmond, Virginia, by armed guards. The subse-quent trial, United States v. Burr,1 generated a series of curious dichotomies inwhich Newmyer revels. Jefferson's party, the Democratic-Republicans, opposed anoverbearing executive branch, yet here was Jefferson directing Burr's prosecutionfrom Washington, D.C.; attempting to suspend the writ of habeas corpus; manipu-lating witnesses with the promise of pardons; and ensuring that Burr did notreceive a fair trial by enflaming the partisan press. As a Federalist, Marshall had hisown prejudices and intellectual obstacles to overcome. First and foremost, Marshallgreatly respected Alexander Hamilton, a Federalist leader whom Burr had killed ina duel. Marshall's decision defined treason in a manner that limited the govern-ment's prosecutorial reach and, in a very Jeffersonian move, rejected the Englishcommon law on this crime.921 In addition to recounting one of the most important trials of the nine-teenth century, this book offers up jurisprudential meditations on treason, evi-dence, and the rule of law. Marshall's writing style "made no effort to placate theordinary reader" (p.206); fortunately, that is where Newmyer ably steps in. I wasconsistently impressed by Newmyer's ability to transition from historical details tolarger issues that reverberated through our legal system over the next two hundredyears. The trial was political theater, but it also set this country on a path on whichthe crime of treason could not be used by political powers to snuff out dissent,defendants would not be tried on their character but on the evidence presented,and the President of the United States was not above the law when it came to asubpoena duces tecum issued by a court of competent jurisdiction.22 As a practical matter, this book is well constructed with useful footnotes,helpful illustrations, and an engaging tone. It should be considered for acquisitionby academic libraries (both law and general), especially if they serve patrons whofocus on early American trials, lawyers, or federalism.Parks, Kevin. Music & Copyright in America: Toward the Celestial Jukebox. Chicago:ABA Publishing, 2012. 239p. $98, paper.Reviewed by Michelle M. Botek*$23 Music & Copyright in America: Toward the Celestial Jukebox is intellectualproperty attorney Kevin Parks's debut book. As much a history of American musicas a legal resource, the work chronicles the evolution of music and copyright lawover the last two hundred years. The work is divided into seven parts, which, likeorchestral movements, thematically and temporally build off one another. The11. 25 F. Cas. 55 (C.C.D. Va. 1807) (No. 14,693).* @ Michelle M. Botek, 2013. Electronic Services Librarian, Indiana University Maurer Schoolof Law, Bloomington, Indiana.VOL. 1o5:2 [2013-101 237LAW LIBRARY JOURNALculmination of each part is marked by a transformative development that made aprofound impact on the music industry. Parts 1 and 2 cover the period from thenation's inception through the early 1900s, while parts 3 through 5 discuss themiddle decades of the twentieth century. The culminating chapters, parts 6 and 7,trace events from the mid-1990s through the Supreme Court's decision in Golan v.Holder in 2012.12124 Part I starts with the inclusion of the Copyright Clause in the United StatesConstitution and a discussion of early property law notions in America. It goes onto describe the fledging American music industry, characterized by folk songs andsheet-music peddlers. Highlights of this section include an in-depth discussion ofthe 1831 recognition of musical compositions as copyrightable subject matter andan analysis of how this fostered a surge of entrepreneurialism (and litigation)within the industry. The segment concludes with an exploration of two majorpieces of copyright legislation: the International Copyright Act of 189113 and theCummings Copyright Bill.' 4$25 Parks then shifts his focus to the exciting technological developments ininstrumentation and recording of the twentieth century. These advances includethe mechanization of musical performance, like the player piano, and early record-ing techniques, such as the double phonograph. He exquisitely details the physicalmachinery and operation of these new technologies. For example, describing themechanism by which player pianos work, he writes: "The high-tech contraptionsmagically made music on their own by 'reading' the chad-like perforations, trigger-ing a mechanism that depressed a piano key and rendered a note, all without thetouch of a human hand" (p.5 1). This vividness is representative of Parks's style andbeautiful prose throughout the book.126 Part 3 begins with a recap of the substantial revisions to copyright law inthe early 1900s, including a revised public performance right. Next, the book looksat the social, legal, and music industry factors leading to the formation of well-known and highly influential licensing organizations such as the American Societyof Composers, Authors, and Publishers (ASCAP) and Broadcast Music, Inc. (BMI).Parks then examines the ascendency of the performers' rights movement of the1960s and 1970s. As chronologically appropriate, he integrates discussions regard-ing the increase in technology-enabled infringement, like radio, and piracy risks-through dubbing, sampling, and brick-and-mortar rental clubs-and their effectson copyright policy making. He also covers the explosion of seminal copyrightcases between 1920 and 1980 and the impact of the watershed 1976 CopyrightAct." The final portion of the text, parts 6 and 7, ushers in a time exceedinglyfamiliar to the vast majority of contemporary readers: the new millennium and therapid proliferation of technological advances, including the rise of digital music,with its potential for limitless duplication of songs and for file-sharing capabilities,and the ensuing challenges facing traditional copyright conventions.12. 132 S. Ct. 873 (2012) (allowing restoration of copyright to certain works previously in thepublic domain).13. Act of March 3, 1891, ch. 565, 26 Stat. 1106.14. S. 2306, 54th Cong. (1896) (enacted as Act of Mar. 3, 1897, ch. 392, 29 Stat. 694).15. Copyright Act of 1976, Pub. L. No. 94-553, 90 Stat. 2541.238 VOL. 1o5:2 [2013-101KEEPING UP WITH NEW LEGAL TITLES27 Ultimately, Music & Copyright in America is a fascinating read for thosewith an interest in copyright, as well as music lovers and history buffs. The depthof discussion varies, but the text is generally thorough and comprehensible, evenfor the novice reader. Parks skillfully covers all major legislation, cases, and techni-cal and commercial developments in the field, while allowing his passion for musicand law to permeate the text. He relies on reputable sources and frequently cites thepreeminent legal scholars in the copyright field. Further, his deft use of statisticsand attention-grabbing factoids throughout the book make the material grippingand accessible. References to primary source legal materials are appropriately foot-noted, although the origins of his colorful historical references and facts are occa-sionally unclear. The book's chapter headings range from the pedestrian to theclever; however, on the whole they want for utility, offering scant indication of eachportion's content and lacking sufficient descriptiveness to be of meaningfulassistance.128 The author incorporates a number of useful features, including a time linedenoting key events and a robust index containing important figures, cases, andlegislation from the text. Yet there are several unfortunate structural oversights;chiefly, there is no bibliography, and text in the footnotes has not been included inthe index. An experienced researcher or scholar may find these omissions both frus-trating and limiting. This publication is available only in paperback and suffers fromthe inherent limitations of its format when it comes to durability. Coupled with itsrelatively high cost, this should be a consideration for potential purchasers. Its minorshortcomings notwithstanding, with its lively prose and cross-disciplinary focusMusic & Copyright in America is suitable for any academic library, and its popularappeal should not be overlooked.Raustiala, Kal, and Christopher Sprigman. The Knockoff Economy: How ImitationSparks Innovation. New York: Oxford University Press, 2012. 272p. $27.95.Reviewed by Michelle Humphries*29 In The Knockoff Economy: How Imitation Sparks Innovation, Kal Raustiala,a professor at UCLA Law School who specializes in intellectual property and inter-national law, and Christopher Sprigman, a professor at the University of VirginiaSchool of Law who specializes in intellectual property, antitrust, and constitutionallaw, argue that copying is not necessarily the evil that it is made out to be.30 Copyright law protects against some copying by others. Raustiala andSprigman describe this basic tenet as "the monopoly theory of innovation" (p.6):copyright law protects against copying because copying would "destroy the incen-tive to innovate in the first place" (p.168). However, the authors argue that it is notquite that simple. In some situations, copying has little or no effect on innovation,or it can actually cause more innovation. The big question is "when-and why-this is true" (id.).31 To answer this question, Raustiala and Sprigman analyze fashion, cooking,comedy, and other creative industries where copyright protection is not available* @ Michelle Humphries, 2013. Reference Librarian, Louisiana State University Paul M. HebertLaw Center Library, Baton Rouge, Louisiana.VOL. 1o5:2 [2013-10) 239

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Book Review. Music & Copyright in America: Toward the Celestial Jukebox by Kevin Parks

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