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Indigenous Music and the Law: An Analysis of National and International Legislation

Published online by Cambridge University Press:  07 March 2019

Sherylle Mills
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Extract

Western music is regarded as a piece of individual property, performed to entertain and appeal to the listener's emotions. With this conception of music, it is understandable when Westerners fail to comprehend, or even openly ridicule, the regulation of music's “power.” Traditional communities, however, frequently ascribe vast powers to their music: the power to heal sickness, create bountiful game, cause lightning to strike, kill, and, in one case, free a man from prison (Von Sturmer 1987). With such immense powers, it is logical to carefully restrict and regulate the use, rather than financial profits, of music. Western law, however, has evolved in tandem with Western music, focusing primarily on the protection of individual property rights and financial profits. Thus, traditional music and Western law clash at the most fundamental level.

Type
Articles
Information
Yearbook for Traditional Music , Volume 28 , 1996 , pp. 57 - 86
Copyright
Copyright © 1996 By The International Council for Traditional Music

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Footnotes

1.

The author would like to thank the following individuals: Dieter Christensen, for extensive support, input, editing beyond the call of duty; Ellen Koskoff, Amy Stillman and Joseph Lam and Bonnie Wade for providing inspiration and during the research's raw beginning; and Peter Cramer, whose translation of the Brazilian legislation from Portuguese to English made its inclusion possible.

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