The plans judicial codification solves --- anything else leaves loopholes for exploitation.

During the Blues era, Black music labor was greatly exploited. Only a handful of blues singers profited much from their work.1 2 1 Many Black artists in the Blues era from 1920 to 1930 were subject to work-for-hire contracts, where an artist would be paid for his work but would subsequently assign his copyright to his employer.' 26 The copyright owner or constructive "author" of a song has an exclusive right to reproduce and distribute the song and therefore has the exclusive right (absent a license agreement) to profits from a song;127 thus, the employer in a work-for-hire situation gained the rights to future profits from the musical work. 2 8 Black musicians were hired for such work in disproportionately large121 numbers, yet they were paid less money than their White counterparts. Not only did such contracts hinder Black artists' ability to truly profit from their compositions, but they also symbolized general discrimination against Blacks. Hence, blues musicians may have recorded many of their original works of authorship, but under a work-for-hire contract, Black blues musicians were paid for their musical labor and never saw any monetary rewards for records that were released. One example of this is Eddie "Son" House, who was paid only thirty dollars for his numerous compositions and suffered from these contractual arrangements. 3 1 "Mississippi" John Hurt is another example of this circumstance, as he recorded twenty songs for Okeh Records and received twenty dollars per song; without any other economic return from his recordings, he retired to his farm. 131 In addition to the famous blues stars, the blues tradition has also subsisted on a large number of artists who have for various reasons remained anonymous. Few blues artists were recorded, and very few were financially successful regardless of whatever recordings they made. Despite their lack of financial success, blues musicians, immersed in the Black musical tradition, have strongly influenced several musical genres and artists through time. For example, blues musicians such as Muddy Waters, Bo Diddley, and Elmore James informed the earthy performance styles of the Rolling Stones. 32 B.Jazz and the Improvisation Tradition Jazz emerged between 1890 and 1910 in New Orleans 33 and was creatively inspired by the blues and ragtime.' It also shares some of the same elements of the Black musical tradition, such as improvisation, rhythmic and musical complexity, and call-and-response. Jazz music utilizes the musically complex "blue notes" and also focuses on the improvising performer as composer.1 3 ' The jazz performer creates as he performs, improvising notes and deliberately deviating from traditional notions of musical pitch. 3 6 Consequently, a written score represents the "skeleton" of a jazz performance.3'7 Jazz also introduced new instruments to popular musical performance, such as the saxophone. 13 Such instruments added rhythmic complexity as their musicians enhanced blue notes via their syncopated and polyphonic playing. 39 Jazz music also utilizes the call-and-response framework whereby a song consists of a series of melodies and counter melodies played by different sections of the jazz band. 40 Perhaps due to its rhythmic complexity, jazz became popular music for dancing, and White musicians soon began to imitate the music, often called swing. Popular dance bands consisted primarily of White musicians, who were more successful than the Black dance bands of the era.'4 ' White bands sterilized swing, making it overly formulaic. 4 2 Hence, Black jazz musicians embraced a new musical form.'4 3 The new musical form, modern jazz, provided a respite from the formulaic big band sound. Also called be-bop, during the 1940s modern jazz "transformed jazz into a modern art form."4 4 Younger generations of jazz musicians, such as Dizzy Gillespie, Thelonious Monk, Charlie Parker, John Coltrane, and Miles Davis, began to experiment with a new style of jazz improvisation, in which musicians played a greater range and combination of notes with complex rhythms and harmonies and irregular phrasing, all of which distinguished the music from standard jazz arrangements. 4 5 Dizzy Gillespie explained the be-bop composition style, revealing a method of composition not unlike the spirituals before it or hip-hop music that followed, by saying: We'd take the chord structures of various standard and pop tunes and create new chords, melodies, and songs from them. We ... added substitute chords to songs like Night and Day, How High the Moon. When we borrowed from a standard, we added and substituted so many chords that most people didn't know what song we really were playing."' The bop style migrated from instruments to vocals. "Scat" singers, such as Ella Fitzgerald and Betty Carter, improvised solos in a style reminiscent of musical instruments. 147 The modern jazz style, which centered on improvisation, greatly suffered because of its incompatibility with copyright protection. Improvisation, or simultaneous composition and performance, was not protected due to the fact that such jazz improvisations were not written down in musical notation-nor were they prevalently recorded.148 This lack of copyright protection contributed to the dearth of jazz recordings. Copyright law did not protect this art form because it did not provide for the fact that jazz improvisation is essentially a live musical phenomenon that is difficult to convert to standard musical notation. Regardless of this difficulty, under the 1909 Act, filing a valid copyright with the Copyright Office required a copy of a musical work in standard musical notation. 49