Group items tagged

(2) shall have the right to prevent the use of his or her name as the author of the work of visual art in the event of a distortion, mutilation, or other modification of the work which would be prejudicial to his or her honor or reputation; and

(3) subject to the limitations set forth in section 113 (d), shall have the right— (A) to prevent any intentional distortion, mutilation, or other modification of that work which would be prejudicial to his or her honor or reputation, and any intentional distortion, mutilation, or modification of that work is a violation of that right, and (B) to prevent any destruction of a work of recognized stature, and any intentional or grossly negligent destruction of that work is a violation of that right.

(b) Scope and Exercise of Rights.— Only the author of a work of visual art has the rights conferred by subsection (a) in that work, whether or not the author is the copyright owner. The authors of a joint work of visual art are coowners of the rights conferred by subsection (a) in that work.

(4) All terms of the rights conferred by subsection (a) run to the end of the calendar year in which they would otherwise expire.

(d) Duration of Rights.— (1) With respect to works of visual art created on or after the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990, the rights conferred by subsection (a) shall endure for a term consisting of the life of the author.

(2) With respect to works of visual art created before the effective date set forth in section 610(a) of the Visual Artists Rights Act of 1990, but title to which has not, as of such effective date, been transferred from the author, the rights conferred by subsection (a) shall be coextensive with, and shall expire at the same time as, the rights conferred by section 106.

(3) In the case of a joint work prepared by two or more authors, the rights conferred by subsection (a) shall endure for a term consisting of the life of the last surviving author.

(c) Exceptions.— (1) The modification of a work of visual art which is a result of the passage of time or the inherent nature of the materials is not a distortion, mutilation, or other modification described in subsection (a)(3)(A). (2) The modification of a work of visual art which is the result of conservation, or of the public presentation, including lighting and placement, of the work is not a destruction, distortion, mutilation, or other modification described in subsection (a)(3) unless the modification is caused by gross negligence. (3) The rights described in paragraphs (1) and (2) of subsection (a) shall not apply to any reproduction, depiction, portrayal, or other use of a work in, upon, or in any connection with any item described in subparagraph (A) or (B) of the definition of “work of visual art” in section 101, and any such reproduction, depiction, portrayal, or other use of a work is not a destruction, distortion, mutilation, or other modification described in paragraph (3) of subsection (a).

(e) Transfer and Waiver.— (1) The rights conferred by subsection (a) may not be transferred, but those rights may be waived if the author expressly agrees to such waiver in a written instrument signed by the author. Such instrument shall specifically identify the work, and uses of that work, to which the waiver applies, and the waiver shall apply only to the work and uses so identified. In the case of a joint work prepared by two or more authors, a waiver of rights under this paragraph made by one such author waives such rights for all such authors.

(2) Ownership of the rights conferred by subsection (a) with respect to a work of visual art is distinct from ownership of any copy of that work, or of a copyright or any exclusive right under a copyright in that work. Transfer of ownership of any copy of a work of visual art, or of a copyright or any exclusive right under a copyright, shall not constitute a waiver of the rights conferred by subsection (a). Except as may otherwise be agreed by the author in a written instrument signed by the author, a waiver of the rights conferred by subsection (a) with respect to a work of visual art shall not constitute a transfer of ownership of any copy of that work, or of ownership of a copyright or of any exclusive right under a copyright in that work.

how does each author use authenticity as a strategy for making or justifying decisions in music education?

authenticity enhances an aesthetic experience; for others, authentic musical encounters enhance student motivation

since the original loses some of its essential qualities in a simplification.5

His view of historical authenticity calls for knowing the intentions of the composer, the performance practice of the time, using period instruments, and being musically creative within the boundaries of the composer's intentions

Peter Kivy's twofold model of authenticity. Focusing on historical authenticity in performance, Kivy explores two main aspects of authenticity: historical (attention to the intent, sound, and practice of the original) and personal (interpretation and expression of the performer).

Swanwick writes: "'Authentic' musical experience occurs when individuals make and take music as meaningful or relevant for them"

Swanwick's emphasis on the importance of personal relevance yields different choices for a music teacher than Palmer's position does.

Another example is found in the work of music educator and researcher Kay Edwards, who also reached the conclusion that attention to authenticity increases student response to learning. In her qualitative study of the response of children to a unit on Native American music, she found that the group using instruments of the Navajo, Hopi, Apache, and Yaqui peoples generated more journal responses overall (her criterion measure) and more responses about instrument playing than the groups with the inauthentic (traditional music room) instruments.

Using indigenous instruments, original languages, and involving culture bearers in instruction benefits student involvement and interest as well as helps them develop musical skills. Connecting the story of a piece of music to students' own experiences and encouraging students to create new music in the style of music being studied help facilitate meaningful experiences for students.

"World music pedagogy concerns itself with how music is taught/transmitted and received/learned within cultures, and how best the processes that are included in significant ways within these cultures can be preserved or at least partially retained in classrooms and rehearsal halls.