Social Utility of Music: A Case For A Copyright Exemption For Therapeutic Uses

Music is more than mere entertainment; modern research shows that it can be an effective therapeutic tool. The social utility of music therapy is undertheorized and underexplored from a legal perspective. This is worrisome because copyright law directly impacts this clinical discipline. The well-known concerns about fair use uncertainty and rightsholder overreach are at play for music therapists. The high social utility of music therapy coupled with the high transaction costs to license various uses of music justify a carveout under copyright law. To ensure robust safeguards for this burgeoning field, a statutory exemption for therapeutic uses of music is warranted.