Our music
copyright laws are outdated. But a music copyright omnibus
bill introduced by the House Judiciary Committee, if adopted, would bring about
several needed updates to reflect realities of the Digital Age. On April 11 the House Judiciary Committee is scheduled
to mark up a new version of the Music Modernization Act. The core components of
the bill have a wide base of support and a prompt vote should be a top priority
of the House in the 115th Congress.
The new Music
Modernization Act incorporates at least three bills previously introduced in
Congress. My January 16 blog post, “Congress Should Advance Consensus Music
Copyright Reforms in 2018,”
provided a brief rundown for each of those proposed music copyright reforms: (1)
the CLASSICS Act; (2) the AMP Act; and (3) an earlier version of the Music
Modernization Act (MMA).
The CLASSICS Act
would provide copyright holders of sound recordings made prior to 1972 with federal copyright protections for public performances of those
recordings via digital audio transmission. This means copyright holders of
pre-72 recordings would be able to receive royalties for such performances
based on rates set by the Copyright Royalty Board
pursuant to its “willing buyer/willing seller,” which seeks to “most clearly
represent the rates and terms that would have been negotiated in the
marketplace” among willing parties. For
more on the CLASSICS Act, see my July 2017 blog post “Copyright Bill Would End Unequal, Inequitable Treatment of
Pre-72 Sound Recordings.”
The AMP Act
would set up a process for producers, mixers,
and sound engineers to directly receive royalty payments via a collective
entity, SoundExchange. This would not require such royalty payments, but
facilitate them when creative artists and other copyright holders agree to
subdivide royalties with producers, mixers, and engineers pursuant to
negotiated contract.
The MMA, as
previously introduced, would enable more timely and accurate payment of
songwriter “mechanical license” royalties and also streamline blanket licenses
for digital streaming services. It would accomplish this by establishing a single licensing entity that would ensure that
digital music services have correct information. Additionally, the bill would mechanical
licensing royalties for music compositions to the “willing buyer/willing
seller” standard. My blog post from January 26 called attention to the
filing of the Senate version of the MMA.
Rolling all
three bills into a single new Music Modernization Act makes good sense. Each component
of the music copyright omnibus bill would update and improve the state of music
copyright protections in accord with Congress’s obligation under the U.S.
Constitution’s Article I, Section 8 Copyright Clause to secure exclusive rights
in creative works. Further, all three major reform components command a broad
consensus of support. And a unified bill for modernizing music copyright
protections may enhance the attractiveness of a fast-track vote by the House.
Passage of the
new Music Modernization Act would count as signal achievement for the 115th
Congress.
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