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40 Hastings Comm. & Ent. L.J. 69 (2018)
Moral Rights for Musical Compositions in the United States: It's Not Just Fair, It's an Obligation

handle is hein.journals/hascom40 and id is 66 raw text is: Moral Rights for Musical Compositions in the United States: It's Not Just Fair, It's an Obligation By BECCA E. DAVIS, GEORGETOWN LAW CENTER, L 2018 Table of Contents In tro d u ctio n .......................................................................................... 6 9 I. A Brief History of Music Law in the United States ................... 72 II. A Brief History of M oral Rights ................................................. 75 A . W hat A re M oral rights? ...................................................... 75 B. Moral Rights Protection in the United States ...................... 80 III. The Necessity of Moral Rights Protection for Songwriters ..... 82 A. Songwriters Have a Unique Disadvantage Due to the Nature of the M usic Publishing Industry ............................................. 83 1. Most Songwriters Are Divested of Their Copyright Ow nership ................................................... 83 2. Unequal Bargaining Power Between Songwriters and Their Publishers Prevents Songwriters from Negotiating Protections into Their Contracts ................................... 85 B. There Are No Adequate Substitutes for Moral Rights Under Current United States Law ................................................. 89 1. The Right of Attribution .............................................. 90 2. The Right of Integrity ................................................... 92 C. Protecting Songwriters is Economically Sound for the U nited States ..................................................................... . . 94 VI. VARA is Insufficient to Satisfy the Berne Convention's Moral Rights Minimum Protection Standards .......................... 97 C on clu sion ...................................................................................... . . 9 8 Introduction In 2013, shortly after the song Blurred Lines was released, Marvin Gaye's estate brought an infringement suit, claiming Blurred Lines violated the copyright in Gaye's musical composition1 Got to Give It 1. A musical composition consists of music, including any accompanying words, distinguishable from a sound recording, which results from the fixation of a series of musical,

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