
U.S. Copyright Office Proposed Reforms To Music Licensing System
The U.S. Copyright Office has released a study detailing the aging music licensing framework as well as the needs of those who create and invest in music. In addition to providing an exhaustive review of the existing system, the "Copyright and the Music Marketplace," report makes a number of recommendations that would bring both clarity to songwriters, artists, publishers, record labels, and digital delivery services.
"Few would dispute that music is culturally essential and economically important to the world we live in," said Maria A. Pallante, Register of Copyrights, "but the reality is that both music creators and the innovators who support them are increasingly doing business in legal quicksand. As this report makes clear, this state of affairs neither furthers the copyright law nor befits a nation as creative as the United States."
There is consensus across the music industry on a number of key points: (1) creators should be fairly compensated; (2) the licensing process should be more efficient; (3) market participants should have access to authoritative data to identify and license sound recordings and musical works; and (4) payment and usage information should be transparently available to rightsholders. But there is less agreement as to how best to move forward.
The Copyright Office’s recommendations address almost every aspect of the music landscape, including the existing statutory licenses, the role of performing rights organizations, terrestrial performance rights for sound recordings, federal protection for pre-1972 sound recordings, access to music ownership data, and the concerns of songwriters and recording artists.
Commenting on the report, RIAA Chairman and CEO Cary Sherman said:
"As the economic engines of the broader music industry, record labels look forward to participating in this ongoing discussion and working towards reform that will both modernize the outdated music licensing system and more accurately reflect the investments and value that the various stakeholders bring to the music marketplace. "