Because the legislature and judiciary have failed to protect recording artists’ interests, this article proposes that engaging in collective bargaining will re-balance the bargaining positions of the major record labels and recording artists to create a mutually beneficial agreement that gives recording artists a termination of rights clause that mirrors section 203 of the 1976 Copyright Act. By contracting with a major record label, recording artists are automatically eligible for union membership to the Screen Actors Guild-American Federation of Television and Radio Artists union (“SAG-AFTRA”), who have experience negotiating other collective-bargaining agreements with these record labels. This agreement would provide industry wide benefits that are not necessarily limited to termination rights. Part II of this article assesses the disparity of bargaining positions between the record label and the recording artist. Part III explains why collective bargaining is the best way for recording artists to gain ownership of their master recording rights. Finally, Part IV concludes the article by discussing the benefits of collective bargaining for both parties.
L. Camille Cordova,
"Stronger" Together: Kanye Could Have Owned His Masters by Engaging in Collective Bargaining,
22 Pepp. Disp. Resol. L.J.
Available at: https://digitalcommons.pepperdine.edu/drlj/vol22/iss1/2