In Lieu of Moral Rights for IP-Wronged Music Vocalists: Personhood Theory, Moral Rights, and the WPPT Revisited
Abstract
Copyright law in the United States is failing music performers, and most specifically, music vocalists. The utilitarian/economic incentive-based copyright regime not only minimizes the creative contribution of music performers and subjects the exclusive rights to exploit their works to an ever-widening range of fair use exceptions, but it also disregards the personhood interests of most actual creators entirely. That disregard of personhood interests affects music vocalists more than authors of other copyrightable works because "a voice is as distinctive and personal as a face. The human voice is one of the most palpable ways identity is manifested. [And thus,] especially [as to... ] a singer of renown, [the singer manifests herself in the song."