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E-book Rock This Way : Cultural Constructions of Musical Legitimacy
Fox television show Glee (2009–15), a musical comedy about a crew of lov-able misfits and their high school glee club, was highly popular. The show had good ratings, attracted a large and intense fandom, enjoyed widespread merchandise sales—and produced huge music sales. Over the course of six seasons of cast recordings, Glee placed more than two hundred songs on the Billboard Hot 100, nearly twice as many as the second place artist, Lil Wayne, and far outstripping such heavy hitters as Elvis Presley and the Beatles.1 By 2014, Glee had sold more than 60 million songs;2 by 2015, sales had surpassed 11 million albums.3 All in all, the Glee cast stands among the most successful music artists of all time—and they had all of this success with cover songs, some of which also combined more than one preexisting song in a mash-up. This success matters because musical works that build on other works, like cover songs and mash-ups, are often seen as lazy or uncreative—and sometimes illegal. Yet here Glee was, releasing multiple such works each week, 22 weeks a year for six years, and outselling many artists doing so-called “original” work.This combination of factors makes the period inaugurated by Glee’s premiere particularly interesting to examine in terms of the popular understanding of what I call transformative musical works. With “trans-formative musical works,” I mean to create a category that can hold in loose alliance multiple kinds of works that build from existing music—cover songs, remixes, mash-ups, parodies, and soundalike songs—that are trans-formative, meaning they rework the prior song in some significant way. The term “transformative” was developed in a 1990 law review article,4 but came into broader use after it was invoked by the Supreme Court’s decision in Campbell v. Acuff-Rose (1994), which centered on a parody song and found that courts considering whether a reuse of someone else’s creative work infringes copyright should consider “whether and to what extent it is ‘transformative,’ altering the original with new expression, meaning, or message.
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