Marcus Wigan, Institute for Social Research, Swinburne University of Technology and Monash University Sir Zelman Cowan School of Music

Making music more open: copyright, conservation and access issues

IP rights around music have come under increasing stress in the digital age. The demands of consumers for cheap, perpetual access to any and all types of music has clashed with copyright owners and artists seeking to preserve or grow existing revenues. But this emphasis on commercial rights in music has led to one area being neglected. That is music and performance of historical or niche value, especially that held by museums and universities. One type of work, rapidly deteriorating and now at risk of being permanently lost, is the large body of original recordings made in the 1970s and 80s. Here reel to reel magnetic tapes are the primary source. Few of these have been digitised, and many are dying of mould and decay in storage in official archives and private hands. Using examples from University open access repositories, significant issues of conservation, metadata and copyright are examined with regard to local and international access issues. One such substantial collection (MIFOH >180 tapes) is described and analysed as a case study. We delve into the copyright issues that complicate the task of preserving the materials and making them available open access, particularly through a large-scale digitisation project. The legal and policy questions for university repositories and libraries in recovering this musical legacy, and making it readily and freely available, are examined via this concrete example. Using examples from University open access repositories, significant issues of conservation, metadata and IP rights are examined with regard to local and international access issues. The current problems are detailed and some suggestions made for legislative amendments that might address this. With the focus of much law reform on commercial and popular music, preservation and access issues for niche and less market driven music and performance, should not be forgotten