Document Type
Article
Publication Date
2022
Abstract
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 scope to cover a broader classification of creative property.
Publication Title
Tennessee Law Review
Volume
89
Issue
523
Article Number
1139
First Page
523
Last Page
570
Suggested Bluebook Citation
89 Tenn. L. Rev. 523 (2021-2022)