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Figure 1. Bandista album covers created by the author, permissions by band. The album enjoyed tremendous success with a large number of downloads, even if the main sound throughout all songs were ska and punk, genres with low success rate in Turkey, and total strangers to political scene. Yet, Bandista fully shook the Turkish oppositional music scene and in no time established itself as the leading performer in a realm that for more than four decades was dominated by traditional folk music.

Bandista's extraordinary success was due in part to the band's constant emphasis on copyleft politics and its productivity, as the band continued to distribute all of its music for free, and in the course of only three years produced two full-size and four mini- albums, where each mini-album included two to three tracks. I J vol. This stance can also be seen in the number of people within Bandista, currently said to employ around twenty members, everyone involved with the band in one way or another is referred to as a member, including sound engineers and technicians.

The 'strange' composition of the band is reflected in their political position within the oppositional music scene as well. Mostly drawing from the libertarian and anarchist philosophical traditions, the band's political stand is neither the continuation of the traditional leftist, most of the time orthodox Marxist stances of the oppositional Turkish music bands, nor the total split with their customs.

Bandista members explain that they "get thrilled when the band's name is cited together" with the 'legends' of the leftist protest music tradition, yet still they see themselves in a somewhat different light, emphasizing that they "enjoy different enthusiasms", that their main worry is "to produce different sort of music" and that their actual intention is "not to change the protest music, but to change the practices of everyday life".

Bandista considers as its "main revolutionary duty to augment the available alternatives within the society, without trying to calculate the actual public responses". Bandista explains its basic musical formula as the deconstruction of "whatever sound, text and image possible in favour of a border and class free world", in line with traditional legacy of punk music, where, as Ryan Moore explains, "[s]uffused with self-reflexive irony Even if rooting itself in the "cultural diversity of Anatolia", Bandista declares that it has very strong internationalist approach, as the sounds they produce "varies from Django to Reggae, from Bratsch to Ska, Dub and Afro-Beat", music types they call "queer" and practices they refer to as "bratsching", a verb coined after French-based music ensemble Bratsch, worldwide known for its musical mixings of very diverse folk traditions.

Bandista refers to its music as "an action, not an art" and states that each performance is a "situationist experiment of rage and rapture". The main source of information for this article is the interview conducted on April 5, with two Bandista members, one male and one female, who, after the collective discussed the matter at length among themselves, were appointed as some sort of band representatives for the interview. The interview lasted for approximately two hours and revolved around the discussion of a set of semi-structured interview questions, which were initially prepared for the purpose.

Semi-structured interviewing technique is a common ethnographical tool which provides wide and rich data-set for analysis and is used especially within the explorative research, yet, where necessary, reportages about the band appearing in various media, as well as the band's songs and lyrics were also consulted. For example, even if some of the authors who criticize matters related to intellectual property rights base their perspectives on issues such as the diminishment of freedom of expression McLeod , the damage towards personal freedoms Gantz and Rochester or the threats it creates towards creativity Vaidhyanathan ; Demers , Bandista bases its critique on a different viewpoint, as first of all, they do not believe in the individual creativity of musician, or any artist in this sense, and state that they have a serious struggle with the mystification of art: I J vol.

After all it is a cultural thing, something learned before.

Economic Analysis of Law, Ninth Edition Aspen Casebook

Even if I play guitar, there is definitely someone who taught me before how to play, and any sound that I make with it definitely was heard by me before. Even if there is a potential for individual creativity within this sense, we claim that by putting back into the realm of anonymity whatever we produce we are re-anonymizing it. Anonymity is a very important concern for Bandista in relation to the various media appearances as well, as can be seen from their strict rules of never using individual band members' names during the interviews, nor putting their making personal appearances on television shows.

This stance itself is worth of further exploration in the era of explosive mediatization, where appearance on television screens is considered to be an essential strategy for bands to promote themselves. Yet, the most curious issue came up during the discussion with Bandista members of the relation between the actual politics of copyleft and the deconstruction within Bandista songs of lyrics and music of other musicians' copyrighted songs, since, as it turned out, in Bandista's case, the issue of copyleft is actually a political stance.

They further explain this as: What we actually mean when we say that our music is copyleft is a political statement, in reality it does not correspond to the judicial one. We get the copyright of our music when we publish them. For all songs, the ones we produce ourselves, the ones we get out of the realm of anonymity and the ones which have legal copyright owners we pay all necessary dues, according to the banderole regulations of Ministry of Culture [of Turkey].

Before anything else we do this as a legal precaution, since leaving the issue of copyleft so open-ended when in reality there is no actual legal counterpart of it, for example we cannot let some bank to use our song in their advertisements two months later. In such case the bourgeois jurisprudence comes in. In a place where our legal rules are not governing, we see ourselves justified to use bourgeois legal system to govern when necessary. Except for this, copyleft is a claim, it is an assertion.


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Bandista members elaborate on their embraced assertion of copyleft as an attempt to put their music into the realm of anonymity, that is to "support the right of anyone to copy, circulate and distribute band's music freely, with a single precondition of not to follow commercial purposes". One of the most famous songs of Bandista is "Benim Annem Cumartesi" "My Mother is a Saturday" , featured in their mini-album Pa an n Ba ucu ark lar OPZZZ, , written as a homage to a more than a decade-long struggle of mothers, known in Turkish media as Cumartesi Anneleri "The Saturday Mothers" due to their regular Saturday protests in Istanbul, whose politically oppositional children disappeared while being in law enforcement agencies' custody and whose fate is largely unknown.

Except for such rare moments, Bandista has very relaxed stance towards their songs being used in non-commercial projects of amateur filmmakers or being performed by other musicians at their concerts. In order to overcome the "conservative preservation of the musical works", Bandista members actually even encourage the deconstruction of their own songs, for example by suggesting to "reduce the metronome and the bpm of the songs" or to "play the songs in reverse".

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The debut album of Bandista, De te fabula narratur "The tale is told of you" , derives its name from Latin author Horace's Satires, and is widely known as a famous sentence used by Karl Marx in the preface of the first edition of Das Kapital. This album was recorded in a professional music studio, whose owners are close friends and associates of Bandista, and generously offered them their studio and equipment for a long time period. The whole process of album recording also worked as an invaluable lesson for Bandista: I J vol.

While we were doing it [the album], within the process we learned quite a lot of sound technologies, as for example microphone angling, sound editing and mixing, that is the stuff which can be considered as the engineering of this occupation We learned how the music production really happens. In this sense even their first album, albeit being recorded in a professional studio, bears all the marks of a Do It Yourself DIY process, which helped Bandista during their later efforts, when they decided to 'free' the process of music production even more and re-appropriate the means of production even further: Digital technology is drastically advanced and gives us many opportunities.

We did the recording of our second album in many different places with only a sound card and a laptop. For example, when we were on a one-week tour in Cyprus, we created a two-day break from the concerts and used one of our friends' house to record. The changing nature of music technology is one of the main features of the modern music scene, yet this change is not unique to our era and the "growth, persistence in our culture, and technological improvement of sound recording reflect its evolutionary, not revolutionary nature" Jones In classical Marxist theory, re-adapting the means of production forms the basis for liberation of the working class, and in this sense Bandista points to a very important issue within the general debates on copyright.

If musicians and music bands can produce and later distribute their own music without requiring a significant economic investment this situation will definitely create a model of musical production less-dependent on the music industry, thus rendering the whole fuss created over the issue of music sharing and piracy meaningless, as the study conducted by Andrew Leyshon also indicates Leyshon Such instances also contribute to the realization of the nature and thus re-definition of concertgoers not as an audience but as "participants", as Bandista had done from their early days.

In this sense Bandista strongly insists on building "organic relationship", an "organic touch" with people, who they see not as random strangers, but interpret as "friends" who contribute to the sound of Bandista, and thus evaluate their concerts as "meetings". Most of the Bandista concerts occur not within the traditional concert venues, but on the streets, mainly as part of solidarity acts with an underprivileged, unheard and underrepresented strata of society such as imprisoned students, striking workers and undocumented immigrants. Since the infrastructure of each street is different from another, the constitution of band at each occasion is different as well, turning each Bandista song into a different version of original one and each concert into a "unique performance".

Such an awareness of the performance-based nature of their concerts makes Bandista insist even more on the difference between the exchange-value and use-value of their songs, terms they borrow from Marxist economics, and which forms one of the basic critiques they raise against the music industry, which "continues to shortchange artists through a combination of shady accounting practices, usurious recording contracts, widespread failures to pay back royalties, and dramatically overpriced retail product" Rodman and Vanderdonckt This differentiation is explained by their constant insistence on a "punk stance" over "punk style", which they try to embed not only into their lyrics, music and songs, but also in the general aura of their concerts, as well as the way they produce and distribute their music: The practicing of music, its coming into practice is definitely a performative act, and the basis of this is related to the difference between the exchange-value and the use-value of this music.

There is a difference between enjoying music as it is performed, seeing and I J vol.

Economic Analysis of Music Copyright - Income, Media and Performances | Ivan L. Pitt | Springer

Bandista further clarifies its copyleft attempts by stating that in its nature copyleft is actually "an action of defending public rights" and within this vein, their whole acceptance of copyleft is deeply structured on the performance embedded in it, since it involves "labor within", as Bandista explains. This statement of Bandista invites a closer look into the relation of performance to our general debate on Bandista's copyleft politics.

In discussing the meanings of liveness and performance in contemporary media saturated culture, Philip Auslander makes a curious observation that the "ideological distinction between rock and pop is precisely the distinction between the authentic and the inauthentic, the sincere and the cynical, the genuinely popular and the slickly commercial, the potentially resistant and the necessarily co-opted, art and entertainment" Auslander Based on this strict separation of different expectations arousing from various forms of music, he argues that "rock fans need to see the performers produce the sounds on their recordings live in order to believe that those sounds are the authentic products of those performers" Auslander Punk, as a follower of the rock ideology, seems to rest on the same assumption as well: performance-based authenticity quest.

After all, punk from its early emergence was the music of rage, and thus required wild performance as the necessary mechanism to involve its listeners and concertgoers in the overall performance. This is also closely related with the general idea of what exactly music, musical production and recorded songs are about.

As Christopher Small rightfully notes The idea that musical meaning resides uniquely in musical objects bears little relation to music as it is actually practised throughout the human race. Even within the Western classical tradition the exclusive concentration on musical works and the relegation of performance to subordinate status has resulted in a severe misunderstanding of what music is really about, and an impoverishment of our experience of it.

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Both within the academy, and the general debates themselves, the main emphasis of many studies was always on Western countries and musicians residing within them, and little was said about developing ones. Most of the time the common-held belief was that people from developing countries interested in the debate are only pirates or users who do not want to pay money for music they downloaded from the Internet. Mainstream press was never indifferent to the issue as well, and for years a number of articles about the matter continued to appear in them BBC News ; Allen Neoliberal transformation, taking over Western countries, and later on rapidly spreading to the rest of the world, puts the issue of copyright at the heart of all matters.

Take, for example, globalization, which according to Jan Nederveen Pieterse, the most important points are constituted by FOSS Free and Open Software Systems , TRIPS Trade-Related Aspects of Intellectual Property Rights and patent laws, where "we find major corporations, governments in the global north and international institutions on one side, and most developing countries on the other. This is the real frontier Yet, research conducted on the issue of copyright debates within developing countries is far from being satisfactory, and is usually carried on in the sense of either demonizing developing countries Elst ; Dimitrov or looking from strictly legal or economic perspective Pang ; Heath and Liu Within this vein this article tries to shed light on the issue by looking on copyleft practices as conducted within the socio-economical context of developing countries, aiming to provide an alternative course for the future studies as well.

The main focus of this article is the Turkish punk band Bandista, which from its very beginning was distributing its music for free with the copyleft claim under the slogan "It is a present. Turkish music scene and Bandista The musical scene of Turkey with its population of about 70 million people has always been vibrant and active.

And so have been the debates over the issue of copyright as well. Despite all claims of overwhelming musical piracy, Turkey is still one of the most lucrative music markets in Europe. Turkey has long been known for its vivid politically oppositional music scene as well. Politicized Turkish musicians and bands such as Grup Yorum, late Ahmet Kaya, Grup K rmak and many others have been performing for decades.

They were not only popular within Turkey itself, but their albums and concerts always attracted attention of European listeners as well, and not only due to the existence of Turkish migrant populations and political refugees in European countries. The emergence of oppositional music scene in Turkey can be traced back to days of student protest movements, and since in those days "rock music was considered to be part of cultural imperialism" practically all of the Turkish leftist musicians have been performing traditional folk music, where the lyrics of folk songs were modified in favor of left wing politics Gedik Figure 1.

Bandista album covers created by the author, permissions by band. The album enjoyed tremendous success with a large number of downloads, even if the main sound throughout all songs were ska and punk, genres with low success rate in Turkey, and total strangers to political scene. Yet, Bandista fully shook the Turkish oppositional music scene and in no time established itself as the leading performer in a realm that for more than four decades was dominated by traditional folk music.

Bandista's extraordinary success was due in part to the band's constant emphasis on copyleft politics and its productivity, as the band continued to distribute all of its music for free, and in the course of only three years produced two full-size and four mini- albums, where each mini-album included two to three tracks.

Economic Analysis of Music Copyright Income Media and Performances by Pitt & Ivan L.

I J vol. This stance can also be seen in the number of people within Bandista, currently said to employ around twenty members, everyone involved with the band in one way or another is referred to as a member, including sound engineers and technicians. The 'strange' composition of the band is reflected in their political position within the oppositional music scene as well. Mostly drawing from the libertarian and anarchist philosophical traditions, the band's political stand is neither the continuation of the traditional leftist, most of the time orthodox Marxist stances of the oppositional Turkish music bands, nor the total split with their customs.

Bandista members explain that they "get thrilled when the band's name is cited together" with the 'legends' of the leftist protest music tradition, yet still they see themselves in a somewhat different light, emphasizing that they "enjoy different enthusiasms", that their main worry is "to produce different sort of music" and that their actual intention is "not to change the protest music, but to change the practices of everyday life". Bandista considers as its "main revolutionary duty to augment the available alternatives within the society, without trying to calculate the actual public responses".

Bandista explains its basic musical formula as the deconstruction of "whatever sound, text and image possible in favour of a border and class free world", in line with traditional legacy of punk music, where, as Ryan Moore explains, "[s]uffused with self-reflexive irony Even if rooting itself in the "cultural diversity of Anatolia", Bandista declares that it has very strong internationalist approach, as the sounds they produce "varies from Django to Reggae, from Bratsch to Ska, Dub and Afro-Beat", music types they call "queer" and practices they refer to as "bratsching", a verb coined after French-based music ensemble Bratsch, worldwide known for its musical mixings of very diverse folk traditions.

Bandista refers to its music as "an action, not an art" and states that each performance is a "situationist experiment of rage and rapture". The main source of information for this article is the interview conducted on April 5, with two Bandista members, one male and one female, who, after the collective discussed the matter at length among themselves, were appointed as some sort of band representatives for the interview.

The interview lasted for approximately two hours and revolved around the discussion of a set of semi-structured interview questions, which were initially prepared for the purpose. Semi-structured interviewing technique is a common ethnographical tool which provides wide and rich data-set for analysis and is used especially within the explorative research, yet, where necessary, reportages about the band appearing in various media, as well as the band's songs and lyrics were also consulted.

For example, even if some of the authors who criticize matters related to intellectual property rights base their perspectives on issues such as the diminishment of freedom of expression McLeod , the damage towards personal freedoms Gantz and Rochester or the threats it creates towards creativity Vaidhyanathan ; Demers , Bandista bases its critique on a different viewpoint, as first of all, they do not believe in the individual creativity of musician, or any artist in this sense, and state that they have a serious struggle with the mystification of art: I J vol.

After all it is a cultural thing, something learned before. Even if I play guitar, there is definitely someone who taught me before how to play, and any sound that I make with it definitely was heard by me before.


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  5. Even if there is a potential for individual creativity within this sense, we claim that by putting back into the realm of anonymity whatever we produce we are re-anonymizing it. Anonymity is a very important concern for Bandista in relation to the various media appearances as well, as can be seen from their strict rules of never using individual band members' names during the interviews, nor putting their making personal appearances on television shows.

    Economic Analysis of Music Copyright

    This stance itself is worth of further exploration in the era of explosive mediatization, where appearance on television screens is considered to be an essential strategy for bands to promote themselves. Yet, the most curious issue came up during the discussion with Bandista members of the relation between the actual politics of copyleft and the deconstruction within Bandista songs of lyrics and music of other musicians' copyrighted songs, since, as it turned out, in Bandista's case, the issue of copyleft is actually a political stance.

    They further explain this as: What we actually mean when we say that our music is copyleft is a political statement, in reality it does not correspond to the judicial one. We get the copyright of our music when we publish them. For all songs, the ones we produce ourselves, the ones we get out of the realm of anonymity and the ones which have legal copyright owners we pay all necessary dues, according to the banderole regulations of Ministry of Culture [of Turkey].

    Before anything else we do this as a legal precaution, since leaving the issue of copyleft so open-ended when in reality there is no actual legal counterpart of it, for example we cannot let some bank to use our song in their advertisements two months later. In such case the bourgeois jurisprudence comes in. In a place where our legal rules are not governing, we see ourselves justified to use bourgeois legal system to govern when necessary.

    Except for this, copyleft is a claim, it is an assertion. Bandista members elaborate on their embraced assertion of copyleft as an attempt to put their music into the realm of anonymity, that is to "support the right of anyone to copy, circulate and distribute band's music freely, with a single precondition of not to follow commercial purposes". One of the most famous songs of Bandista is "Benim Annem Cumartesi" "My Mother is a Saturday" , featured in their mini-album Pa an n Ba ucu ark lar OPZZZ, , written as a homage to a more than a decade-long struggle of mothers, known in Turkish media as Cumartesi Anneleri "The Saturday Mothers" due to their regular Saturday protests in Istanbul, whose politically oppositional children disappeared while being in law enforcement agencies' custody and whose fate is largely unknown.

    Except for such rare moments, Bandista has very relaxed stance towards their songs being used in non-commercial projects of amateur filmmakers or being performed by other musicians at their concerts. In order to overcome the "conservative preservation of the musical works", Bandista members actually even encourage the deconstruction of their own songs, for example by suggesting to "reduce the metronome and the bpm of the songs" or to "play the songs in reverse".

    The debut album of Bandista, De te fabula narratur "The tale is told of you" , derives its name from Latin author Horace's Satires, and is widely known as a famous sentence used by Karl Marx in the preface of the first edition of Das Kapital.


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    6. Economic Analysis Of Music Copyright Income, Media And Performances;
    7. Income, Media and Performances.
    8. This album was recorded in a professional music studio, whose owners are close friends and associates of Bandista, and generously offered them their studio and equipment for a long time period. The whole process of album recording also worked as an invaluable lesson for Bandista: I J vol. While we were doing it [the album], within the process we learned quite a lot of sound technologies, as for example microphone angling, sound editing and mixing, that is the stuff which can be considered as the engineering of this occupation We learned how the music production really happens.

      In this sense even their first album, albeit being recorded in a professional studio, bears all the marks of a Do It Yourself DIY process, which helped Bandista during their later efforts, when they decided to 'free' the process of music production even more and re-appropriate the means of production even further: Digital technology is drastically advanced and gives us many opportunities. We did the recording of our second album in many different places with only a sound card and a laptop.

      For example, when we were on a one-week tour in Cyprus, we created a two-day break from the concerts and used one of our friends' house to record. The changing nature of music technology is one of the main features of the modern music scene, yet this change is not unique to our era and the "growth, persistence in our culture, and technological improvement of sound recording reflect its evolutionary, not revolutionary nature" Jones In classical Marxist theory, re-adapting the means of production forms the basis for liberation of the working class, and in this sense Bandista points to a very important issue within the general debates on copyright.

      If musicians and music bands can produce and later distribute their own music without requiring a significant economic investment this situation will definitely create a model of musical production less-dependent on the music industry, thus rendering the whole fuss created over the issue of music sharing and piracy meaningless, as the study conducted by Andrew Leyshon also indicates Leyshon Buy Softcover.

      FAQ Policy. Show all. Pages Theory Review Pitt, Ivan L. Concluding Remarks Pitt, Ivan L. Show next xx. Recommended for you.