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12 Berkeley J. Ent. & Sports L. 1 (2023)

handle is hein.journals/bjesl12 and id is 1 raw text is: 










                    Better Together:

       Joint Authorship in Technicians'

     Contributions to Sound Recordings


                        Brandon P. Evans*


        Music is a team sport. Like most art, it is often improved
    by  collaboration. Contributions  by  the featured  artist,
    backing  musicians, songwriting  collaborators, and  even
    outside artistic influences can all play a large role in the final
    musical product. Another  set of individuals also plays a
    considerable, and usually unseen, role in crafting a song
    technicians. Technicians (producers and engineers) play a
    critical role in shaping a song into something commercially
    viable, but  often, they  are  left out  of conversations
    surrounding copyright. Even though technicians often make
    important  creative contributions to recordings, they are
    almost never considered authors of the resulting work.
        That should change.  Technicians should have a seat at
    the copyright table. These artistic collaborators should own
    the  art they help  create  and  just as  importantly, be
    compensated   for  it. The   compensation   structure for
    technicians is often ambiguous. Many technicians are hired
    by artists who, because of royalty arrangements with record
    labels, may lack the funds to pay technicians. While industry
    customs  have  developed  to account for  this, relegating
    technicians' pay to industry custom is concerning. Copyright
    ownership  provides certainty and negotiating leverage to
    technicians. An ownership  interest could take the form of
    recognition via joint authorship or a statutory royalty scheme
    for radio play. The Music  Modernization  Act  shows  that
    Congress  can reimagine the relationship between music and
    copyright. The law should go a step further by recognizing
    collaborators' contributions.


       DOI: https://doi.org/10.15779/Z389Z90D08
    *. Judicial Law Clerk, U.S. District Court for the District of Nevada. Vanderbilt University
Law School, J.D. 2022; University of Tennessee, B.A. 2019. All opinions and errors are mine alone.


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