Closing a Loophole in Musicians' Rights: Why Digital Remasters of Analog Sound Recordings Are Not Derivative Works Protected by the Copyright Act

Authors

Jon Peritz, Benjamin N. Cardozo School of Law

Abstract

The note argues that digital remasters of analog sound recordings do not qualify as derivative works under the Copyright Act, as they lack the requisite originality and substantial variation required for protection. This conclusion has significant implications for artists' termination rights, as allowing record labels to claim copyright in remasters would undermine the purpose of the Copyright Act's termination provisions, which aim to protect artists from unfair copyright transfers. The analysis emphasizes that remasters are primarily functional adaptations for the digital marketplace rather than creative works, and their protection would harm artists by limiting their ability to renegotiate rights or create their own remasters.

Disciplines

Entertainment, Arts, and Sports Law | Intellectual Property Law | Law

Recommended Citation

Jon Peritz, Closing a Loophole in Musicians' Rights: Why Digital Remasters of Analog Sound Recordings Are Not Derivative Works Protected by the Copyright Act, 11 Cardozo Pub. L. Pol’y & Ethics J. 385 (2013).
Available at: https://larc.cardozo.yu.edu/cplpej/vol11/iss2/6