Joe Steinhardt, Moderator
2:30 - This Law Was Made For You and Me: Copyright and Resistance in American Popular Music
3:00 - “It’s a Melody Played in a Penny Arcade”: Copyright and Compensation in the Music Industry
This Law Was Made For You and Me: Copyright and Resistance in American Popular Music Jason Lee Guthrie, Clayton State UniversityPopular music and popular musicians have a long history of using their art to influence public opinion and to resist political oppression in the United States. Yet copyright, the legal protection for creative work, is often perceived to be a tool used by the music and entertainment industries to exert control over individual creators, rather than as a mechanism of resistance. While the history of American popular culture is certainly replete with examples of content creators, and especially songwriters, being contractually taken advantage of, there are also important examples of musicians skillfully using copyright to maintain control over their songs and to resist appropriation by political campaigns. Beginning with an exploration of the career of Woody Guthrie, this presentation will highlight American artists who have used their work to express political opinions and have used copyright to prevent their work from being coopted by opposing political narratives. Other artists that may be discussed include Ella Fitzgerald, Phil Walden, Al Green, Dolly Parton, Tom Petty, Prince, David Byrne, K’naan, and Taylor Swift.
“It’s a Melody Played in a Penny Arcade”: Copyright and Compensation in the Music Industry Greg Smith, PhD Candidate, University of South Carolina Armen Shaomian, University of South CarolinaThis study examines the alignment of current compensation models for musical works with the original intent of U.S. copyright law, specifically focusing on the fairness and equity of these models in today’s streaming and digital economy. By analyzing the various stakeholders involved, including composers, songwriters, publishers, artists, musicians, producers, and record labels, this research aims to determine whether the current revenue distribution models adequately compensate creators for their contributions.
To achieve this goal, the study will be divided into three parts:
- Creator Compensation: A deep dive into the compensation models for composers, songwriters, and publishers, assessing the impact of streaming and digital platforms on their revenue streams. This part will particularly examine the historical context of statutory mechanical royalties, which have remained largely unchanged despite significant technological advancements and inflationary pressures. For instance, the statutory mechanical royalty rate for musical works, which was first set at 2 cents per copy in the 1909 Copyright Act, has failed to keep pace with inflation. The current rate for 2024 is 12.4 cents. If this rate had been adjusted for inflation since its inception, it would now be significantly higher, at around 70 cents per copy.
- Performer Compensation: An examination of the compensation models for artists, musicians, producers, and record labels, considering the challenges and opportunities presented by the digital age. This part will delve into the complex interplay between traditional record deals, streaming royalties, and touring revenue, assessing how these factors impact the overall compensation of performers.
- Platform Revenue Structure: A dissection of the revenue structures of major streaming platforms, analyzing how royalties are distributed to creators and the implications for fair compensation. This part will explore the opaque nature of platform revenue models and the potential for negotiating more favorable terms for creators.
By understanding the historical context of copyright law and the evolving landscape of the music industry, this research seeks to shed light on the potential disparities in compensation and propose recommendations for a more equitable system that benefits all stakeholders.
