Are Lawyers Killing Musicians’ Creativity?

“Digital technology now makes it very easy for one musician to copy and modify some appealing element from another musician’s recording. Now lawyers hover over new records, listening for any legally actionable borrowing. Such cases are usually settled out of court — for undisclosed, but often enormous, sums. More interesting than the legal-sideshow aspect, I think, is the question of how artists deal with the situation. Imitation, allusion, parody, borrowing stray bits of melody or texture — all of this is fundamental to creativity. The line between mimicry and transformation is not absolute.”