TAXING CREATIVITY

Authors

Xuan-Thao Nguyen
Jeffrey A. Maine

Document Type

Article

Abstract

The recent sell offs of song catalogs by Bob Dylan, Stevie Nicks, Neil Young, and Mick Fleetwood for extraordinarily large sums of money raise questions about the law on creativity. While patent and copyright laws encourage a wide array of creative endeavors, tax laws

governing monetization of creative works do not. The Songwriters Capital Gains Equity Act, in particular, solidifies creativity exceptionalism, exacerbates tax inequities among creators, and perpetuates racial disparities in the tax Code. This Article asserts that the law must encourage creativity from all creators. It is time to eliminate tax exceptionalism for musical compositions or expand its scope to cover a broader classification of creative property.

Recommended Citation

Nguyen, Xuan-Thao and Maine, Jeffrey A. (2022) "TAXING CREATIVITY," Tennessee Law Review: Vol. 89: Iss. 3, Article 2.
Available at: https://ir.law.utk.edu/tennesseelawreview/vol89/iss3/2

Publication Date

2022