First Advisor

Sherry Alves

Date of Award

Spring 6-2026

Document Type

Thesis

Degree Name

Bachelor of Science (B.S.) in Music: Jazz and University Honors

Department

Music

Language

English

Subjects

Copyright, Music, Jazz, Performance, Music Business

Abstract

The United States copyright system has become increasingly complicated and has developed a bias toward written, notated mediums over performance mediums. This bias can be traced from the Statute of Anne through the modern system under the Copyright Act of 1976, and it directly affects jazz musicians' ability to comply with copyright laws and properly receive royalties for their work. This study traces the evolution of copyright law from 1710 to the present, noting important cases such as White-Smith Music Pub. Co. v. Apollo Co., McIntyre v. Double-A Music Corporation, and Tempo Music, Inc. v. Famous Music Corp. It explains the outcomes of these cases and shows how they affect modern musicians, and it provides background on aspects of the jazz genre and its unique features that conflict with the current copyright system. Finally, it examines some proposed solutions to these problems, including amendments to the Copyright Act. By explaining how the copyright system and the jazz genre interact, this study helps musicians understand what they are responsible for to remain compliant with copyright laws. This includes the licenses they need, who controls those licenses, what they can and cannot do with lead sheets, and what is required to perform or publish arrangements.

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