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Publication Date

10-5-2025

Abstract

The compulsory music reproduction license codified at 17 U.S.C. § 115 allows anyone to obtain the right to record another version of, or “cover,” a previously published musical work. Invoking the compulsory license, however, comes at a dramatic cost. Under § 115(a)(2), the licensee cannot copyright any original musical material they compose for the cover without express permission from the underlying copyright owner, even if that material would otherwise be copyrightable. This limitation gravely harms jazz music, as jazz relies on dynamic recompositions of preexisting music. Jazz musicians depend on compulsory licenses to record the reinterpretative covers essential to the genre, but are barred from copyrighting the original, expressive solos and arrangements that they record as part of their covers. This prohibition on copyrightability means jazz musicians do not receive royalty compensation for composing their solos and arrangements when their recordings are performed, reproduced, distributed, or licensed. This also allows third parties—often major music publishing companies—to transcribe and sell jazz arrangements and solos without compensating their performers or composers. This Note addresses fundamental flaws in the compulsory licensing regime and proposes a novel statutory amendment allowing jazz musicians to “dream a little dream” of licensing.

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