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What's in a Song? Copyright's Unfair Treatment of Record Producers and Side Musicians

I. INTRODUCTION

As they say in the music business, "It all begins with a song."1 This is true from a commercial perspective, as it would be difficult to record albums, film videos, license music for video games, sell sheet music, or promote concerts without the basic building block of the musical composition.2 It is also true on the metaphysical level, because the organization of sounds into compositional form creates the necessary order that distinguishes music from noise.3

Yet despite the centrality of the song, for legal purposes it is difficult to answer the question, "What is a song?" Or, to use a less colloquial term, "What is a musical work?"4 There is no definition of "musical work" ...

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