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Intellectual Property Law

Sound recordings

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You Don't Own Me: Why Work For Hire Should Not Be Applied To Sound Recordings, William Henslee, Elizabeth Henslee Jan 2011

You Don't Own Me: Why Work For Hire Should Not Be Applied To Sound Recordings, William Henslee, Elizabeth Henslee

Journal Publications

Many recording artists and songwriters never reap the rewards of their work. America's first professional songwriter died in poverty at the age of thirty-seven. At the Congressional level the situation has described recording artists as "one group of creators who get ripped off more than anybody else in any other industry". As we approach 2013, there will be a new line of cases that deal with authors of sound recordings attempting to terminate their copyright assignment to the record companies. While the most efficient and frugal solution would be legislative action, the most probable outcome is expensive, fact-intensive litigation. Congress …


What's Wrong With U.S.?: Why The United States Should Have A Public Performance Right For Sound Recordings, William Henslee Jan 2011

What's Wrong With U.S.?: Why The United States Should Have A Public Performance Right For Sound Recordings, William Henslee

Journal Publications

This Article discusses the need for the United States to implement a public performance royalty for sound recordings. Under the current system, song writers are compensated for the use of their musical works, but performers on sound recordings do not receive any compensation. Radio and television stations currently pay the performing rights societies a royalty for playing the sound recordings, but they do not pay a performance royalty to the artists who perform the music and record companies that promote and release the sound recordings. Proposed legislation will add a performance royalty for artists and record companies to the current …