New ALI Copyright Restatement Vote Stirred Musician Opposition

The American Law Institute (“ALI”) recently voted on a restatement of copyright law, which has music creators up in arms. The ALI, which is an organization that compiles and publishes books that cover a variety of legal issues, generally known as the “Restatements of Law,” is best known for creating guides that both summarize important court decisions and laws in the United States.

The Controversy Surrounding the New ALI Copyright Restatement

ALI Restatements are often cited in legal works, court decisions, and briefs, and many subject-specific guides are required reading in law schools. With ALI Restatements being so influential, it is no surprise that music creators wrote an open letter to ALI, urging members to vote against the newest copyright restatement. Music creators have banded together, arguing that the new restatement will erode the rights of music creators. 

Specifically, the creators have said that the newest restatement moves away from the federal copyright act and, instead, takes steps backwards in law. For example, music creators have said that the restatement’s omission about protection of live streaming of works is alarming. Likewise, the restatement also states that the requirement that contributions in music must be fixed in writing prior to the start of the collaborative process is also shortsighted because this might mean that artists must agree to changes by contract before they can even freestyle while working together. 

Proponents of New ALI Copyright Restatement Claim a Need to Encourage Innovation

While music creators have been critical of the new copyright restatement, supporters of the restatement have said that the reach and scope of current copyright law is too broad. Proponents of the new restatement say that its omission of streaming performances is purposeful and encourages innovation. Similarly, other anonymous sources in ALI say that the restatement is more forward-thinking than current copyright law because it is less inhibiting. Either way, the final say by ALI will be influential and important to follow.                                         

Key Takeaways on the American Law Institute’s Vote on a New Copyright Restatement

The ALI new copyright restatement is important because:

• ALI restatements are incredibly influential;

• Music creators have banded together to lobby against the new restatement; and

• Proponents of the curtailed restatement say that it is preferable because current copyright law is too far-reaching.

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