In Lieu of Moral Rights for IP-Wronged Music Vocalists: Personhood Theory, Moral Rights, and the WPPT Revisited

Authors

Tuneen E. Chisolm

Document Type

Article

Abstract

(Excerpt)

The Introduction of this Article has identified some of the noneconomic harms of concern. Part I summarizes and compares copyright ownership, control, and existing protections for authors of music compositions and sound recordings under the Copyright Act. It also summarizes pertinent music industry practices that impact third party use of recorded vocalist performances. Part II provides a foundation for understanding the nature of legal protections for creative works and the philosophical underpinnings of copyright law and moral rights, comparing utilitarianism and natural rights theory to personhood theory. It also provides a brief explanation of moral rights. Part III looks at the United States’ obligations to music vocalists under the WPPT and discusses how pertinent U.S. legislative actions driven by the Berne Convention for the Protection of Literary and Artistic Works have worked to widen the gap in protections for music vocalists. Part IV returns to discussion of the harms, to illustrate how claims sounding in contract, tort, and unfair competition (specifically trademark infringement, false designation of origin, and false endorsement) have become increasingly ineffective as paths to redress of harms to personhood-based rights, generally and, in particular, for music vocalists. Finally, Part V details the proposed amendments and demonstrates how they would provide the necessary redress, in reasonable alignment with the utilitarian/economic incentive aim of U.S. copyright law and the intent of the WIPO’s Performances and Phonograms Treaty.