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Capital gains

Intellectual Property Law

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Full-Text Articles in Law

Taxing Creativity, Xuan-Thao Nguyen, Jeffrey A. Maine Jan 2022

Taxing Creativity, Xuan-Thao Nguyen, Jeffrey A. Maine

Articles

The recent sell offs of song catalogs by Bob Dylan, Stevie Nicks, Neil Young, and Mick Fleetwood for extraordinarily large sums of money raise questions about the law on creativity. While patent and copyright laws encourage a wide array of creative endeavors, tax laws governing monetization of creative works do not. The Songwriters Capital Gains Equity Act, in particular, solidifies creativity exceptionalism, exacerbates tax inequities among creators, and perpetuates racial disparities in the tax Code. This Article asserts that the law must encourage creativity from all creators. It is time to eliminate tax exceptionalism for musical compositions or expand its …


Tax Aspects Of Intellectual Property, Lawrence R. Bloomenthal Jan 1960

Tax Aspects Of Intellectual Property, Lawrence R. Bloomenthal

Cleveland State Law Review

Creative activity in the scientific, technical, literary, musical and artistic fields is encouraged by preferential treatment under the income tax laws. While musicians, authors, composers and inventors all receive some special tax benefits, inventors are awarded the most valuable tax breaks.