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

Included in

Tax Law Commons

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