Publication Year


ISBN: 9781552213537-10


A Gramscian Analysis of the Public Performance Right

From: Intellectual Property for the 21st Century


This chapter briefly traces the historical establishment and expansion of the public performance right in musical works within those countries united by the Anglo-American legal tradition, with a focus on the Canadian experience. Viewing the issue of the public performance right in musical works within a critical Marxist frame, the essential problem leading to the creation of the public performance right in musical works is seen as an outgrowth of the struggle between the author/composers and the dominant publishing interests which dictated their employment and terms of recompense. Within this frame, the analysis utilizes Antonio Gramsci’s theoretical conceptions of hegemony to provide the structural basis on which the analysis rests. Ultimately the struggle is seen as an example of the dominant publishing interest’s effective absorption of the desires and goals of the creator interests, but reiterated in such a way as to achieve the primary goals of the publishing interests within an evolving hegemonic order.



Louis D'Alton

A native of Toronto, Ontario, Louis D’Alton’s interest in music began in grade school. He joined Orchestra London Canada as a member of the double bass section in 1983 while at the same time freelancing with other orchestras and small ensembles. He has appeared in numerous concert recordings for the CBC as a member of Orchestra London Canada. Concurrent with his classical performances he has played club and festival dates and recorded with a great many folk and celtic ensembles including the Hot Latke’s Klezmer band and Uisce Beatha (a London-based band of the early 90s.)