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Tuesday, Could 23, 2023
Taxing Creativity
Xuan-Thao Nguyen (Washington) & Jeffrey A. Maine (Maine), Taxing Creativity, 89 Tenn. L. Rev. 523 (2022):
The latest promote offs of track catalogs by Bob Dylan, Stevie Nicks, Neil Younger, and Mick Fleetwood for terribly giant sums of cash elevate questions concerning the legislation on creativity. Whereas patent and copyright legal guidelines encourage a wide selection of artistic endeavors, tax legal guidelines governing monetization of artistic works don’t.
The Songwriters Capital Positive aspects Fairness Act, particularly, solidifies creativity exceptionalism, exacerbates tax inequities amongst creators, and perpetuates racial disparities within the tax Code. This Article asserts that the legislation should encourage creativity from all creators. It’s time to eradicate tax exceptionalism for musical compositions or broaden its scope to cowl a broader classification of artistic property.
Prior TaxProf Weblog protection:
https://taxprof.typepad.com/taxprof_blog/2023/05/taxing-creativity.html
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