Last night, Johnny Cash appeared to me in a dream and told me that the person who gives the most memorable performance of a song has a natural right of ownership in that song. I asked him how that would affect the royalty rights of the songwriter. He said it wouldn’t: the natural right was a moral not an economic right. I said, “OK, but doesn’t that also imply that the natural right of the performer may change depending on the memorability of subsequent performances—that public taste plays an outsized role in the determination of that right?” He agreed with me that it would and then I woke up.
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