Teorías sobre la satisfacción

Contrary to the claim of the Romantic composers that their works suddenly sprung whole into consciousness, compositions only gradually take their final form, not without the aid of the collective. It was found that there is a significant correlation between optimal experience and the creative output of student compositions.192 _{Mozart was a student in} many senses. He, who most of us would consider the ultimate example of a musical genius, was influenced by experiences, and his works owe much to other composers.193

Mozart’s musical “inventions” were influenced and triggered by many external factors. Besides his extensive travels and ordinary life experiences, masterpieces composed by Mozart are based on musical achievements of others. For example, his three E-flat concertos for the French horn were modeled on horn concertos by Antoni Rosetti; his early symphonies

189. JOHN JULIUS NORWICH,SHAKESPEARE’S KINGS:THE GREAT PLAYS AND THE

HISTORY OF ENGLAND IN THE MIDDLE AGES:1337-1485 (1999).

190. VICKERS, supra note 3, at 119 (emphasis added). 191. Id. at 147.

192. Charles Byrne et al., Assessing Creativity in Musical Compositions: Flow as an Assessment Tool, 20 BRIT.J.MUSIC EDUC. 277 (2003). Optimal experience, or “flow”

is the “the effortless involvement with everyday life and may occur when a person is engaged in absorbing and enjoyable activities.” Id. at 279; see also Susan O’Neill, Flow Theory and the Development of Musical Performance Skills, 141 BULL.COUNCIL FOR

RES.MUSIC EDUC.129 (1999).

193. Erich Hertzmann, Mozart’s Creative Process, in THE CREATIVE WORLD OF

written in London (1764-65) mimic the style of Johann Christian Bach.194 Objective evidence indicates that his compositions did not come to Mozart complete. The compositions are so unromantic, as we use the term in copyright discourse, to even bring musicologists who have studied “Mozart’s letter” to conclude that his compositional style is a forgery.195

I do not intend to accuse Mozart of unoriginal compositional input, but I certainly believe that his dependence on other sources would prove ample enough to curtail copyright ownership even in today’s music industry. Although from a more individualistic approach, Lawrence Becker takes the example of Mozart and reaffirms that a creative musical composition is a mix of what is already known and resides in the public domain and the subjective contribution of the composer:

Think of trying to give a complete, transitive casual account of the composition of Mozart’s Don Giovanni that makes Mozart himself simply an intermediate link. Every note, voicing, key change, or tempo would have to be explained by events “outside” Mozart. We certainly cannot give such an explanation, and we commonly think none exists—while we can find evidence of influences, tendencies, exigencies outside the composer that are part of a full explanation, another substantial part simply begins with Mozart’s creative activity.196

Artists, composers, and poets all possess the great mastery of artistic, musical, or poetic phraseology. They have in themselves the ability to create unique properties that represent elements from their original makeup, subjective experience and unique personality. This does not mean that artistic personalities are acquainted with such abilities from which complete originals are created. If a composer, for example, “continues to work exercises in imitation of his models he will be surprised to find that along with the thousand subtleties of technique he will absorb from his masters, he will discover the personal materials of

194. WEISBERG, supra note 126, at 225-26.

195. Id. at 46. The composer Bach is another good example that composition necessitates reliance on others’ works and resources. See NORMAN CARRELL,BACH THE

BORROWER 227-364 (1967). Borrowing allows the making of variations on existing musical templates, and there are many examples for successful borrowing, such as Brahms’s Variations on a Theme by Haydn and Beethoven’s Diabelli Variation. WEISBERG, supra note 126, at 230.

196. Lawrence C. Becker, Deserving to Own Intellectual Property, 68 CHI.-KENT L. REV. 609, 614 (1993).

his own art.”197 _{As Mozart relates about himself in one of his letters,} while rejecting the ideal of originality:

When I proceed to write down my ideas, I take out of the bag of my memory . . . . But why my productions take from my hand that particular form and style that makes them Mozartish, and different from the works of other composers, is probably owing to the same cause which renders my nose so or so large, so aquiline, or, in short, makes it Mozart’s, and different from those of other people. For I really do not study or aim at any originality . . . .198

The same method of musical composition holds for different contemporary music styles. For example, composing blues music is complex and relies, to a large extent, on collectively produced social and cultural properties, tradition, and borrowing from others’ works. Siva Vaidhyanathan observes:

The blues compositional ethic is complex and synergistic, relying on simultaneously exploring and extending the common elements of the tradition. Blues artists are rewarded for punctuation within collaboration, distinction within a community, and an ability to touch a body of signs shared among all members of an audience.199