Document Type

Article

Publication Date

Winter 2024

Abstract

This Article critiques the entrenched business practices of the modern music industry and argues that its prevailing contractual and financial structures disproportionately disadvantage artists. Focusing on ownership of master recordings, unilateral option clauses, controlled composition provisions, recoupment practices, and copyright termination rights under the Copyright Act of 1976, the Article demonstrates how industry norms undermine the economic interests of creators despite rising industry revenues. It contends that artists should receive equity ownership in master recordings, benefit from shorter and more balanced contract terms, obtain full statutory mechanical royalties, and have recoupment calculated at net receipt rates rather than on their fractional royalty share. The Article further proposes statutory reform to simplify and strengthen copyright termination rights to better effectuate Congress’s intent of protecting authors. Ultimately, it argues that the long-term sustainability of the music industry depends upon restructuring the artist–label relationship into a genuine economic partnership.

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