DiMA Requests That Copyright Office Clarify If Section 115 Mechanical License Applies to Internet Streaming
Digital music services, music publishers and Congress have been seeking for years to resolve complex legal issues that have hampered digital music growth and innovation. One of these issues is whether internet radio or any form of digital streams intended to be enjoyed as immediate performances require a license under Section 115 of the Copyright Act, which has historically been viewed as relating to the distribution of musical compositions that are part of sound recordings. Today DiMA has asked the Copyright Royalty Board to formally request that the U.S. Copyright Office resolve this issue.
Digital music services believe that digital performances are like radio and should require a performance license only. Music publishers historically have asserted that "on demand" or "interactive" digital performances are subject to the both the public performance right and a publishing "mechanical" right (a combination of the reproduction and distribution rights that are generally granted together for the production and distribution of CDs or digital downloads).
Disagreement about the scope of the rights needed has impeded digital music innovation for almost ten years - since DiMA first raised it in Congressional testimony in June 1998, since the recording and music publishing industries first submitted the question to the Copyright Office in March 2001, and since the Copyright Office addressed the issue (but did not resolve it) in a report published in August 2001.
Stakeholders and Congress tried hard to resolve this issue amicably in legislation that stalled in 2006 (the Section 115 Reform Act) and continue to do so in connection with Section 115 royalty proceeding that is ongoing before the Copyright Royalty Board. However, the Copyright Royalty Judges are about to determine royalty rates for digital mechanical rights utilized by music services during the years 2001-2012, and so clarifying whether the royalty should be applied to Internet radio and other digital music streams is now necessary and unavoidable.
The Copyright Act sets out a "novel question of law" process to address substantive legal issues that arise during proceedings before the Copyright Royalty Judges. The Act requires the Copyright Office to decide these issues within 30 days of referral by the Copyright Royalty Judges. DiMA looks forward to this interpretation of current law being resolved.
Regardless of how the Copyright Office should decide, DiMA remains committed to working with publishers, record companies and Congress to ensure that public policy promotes legal, royalty-paying music innovation and creators' welfare.
Related News from Mi2N:
» DiMA Requests That Copyright Office Clarify If Section 115 Mechanical License Applies To Internet Streaming
» Nordic & British Musicians' Unions' Joint Statement on Sexism in the Music Industry
» Women Make An Impact On The 2018 MPG Awards Shortlist
» Two-Sides of Copyright Finance: Sound Royalties & Kobalt
» Career Moves: ROLI, Live Nation Sweden, Music Glue, BBR Music Group, Warner/Chappell Music Spain & Blue Night Soundscapes
» Europe's Digital Music Leaders Form Alliance
News Beat Directory
» [2017-11-21] Joint Statement By The Nordic Musicians' Unions And British Musicians' Union; Discussions On The Issue Of Gender Inequality, Sexism And Sexual Harassment, The Scale Of Which Had Been Highlighted By The Recent #metoo Campaign
» [2017-11-13] Women Make An Impact On The 2018 MPG Awards Shortlist; Nearly A Quarter Of Those Named This Year Are Female, Proving That Music Production Is No Longer A Bastion For The Boys
» [2017-11-13] The Nashville Musicians Sound Healthcare Plan Rolls Out; Sound Healthcare & Financial Announced The Formation Of A True Group Health Insurance Policy Plan For Musicians And Industry Professionals
» [2017-11-09] Streaming & Listening Diversity - Spotify Case Study; Will Artists Have An Easier Time Finding An Audience, Or Will Streaming Focus Global Attention On A Small Number Of Stars?
» [2017-11-09] Two-Sides Of Copyright Finance: Sound Royalties & Kobalt; Sound Royalties Unearths Millions In Undistributed Royalties While Kobalt Launches Fund To Invest In Music Copyright
» [2017-11-08] Career Moves: ROLI, Live Nation Sweden, Music Glue, BBR Music Group, Warner/Chappell Music Spain & Blue Night Soundscapes; ROLI Chief Creative Officer, Live Nation Sweden Managing Directors, Music Glue Global Head Of Business Development, BBR Music Group VP Of International, Warner/Chappell Music Spain Managing Director And Blue Night Director Of Music Clearance
» [2017-11-08] Europe's Digital Music Leaders Form Alliance; European Digital Music Companies Launch Of Digital Music Europe
» [2017-11-05] Pandora Subscriber Base Grows To Over 5 Million; Pandora Premium Paid Subscribers Cross The 1 Million Milestone In October 2017
» [2017-11-05] Hybrid Studios Announces Online Mastering Services; Engineers Billy Klein And Brian Frederick Spearhead New Online Mastering Effort Through OC Studio
» [2017-11-05] Music Industry Betting On VR & AR For New Revenue; The Music Industry Is Making An Early Bet On VR & AR To Create New Revenue Streams Across All Their Lines Of Business
» [2017-11-04] Sound Royalties Unearths Millions In Undistributed Royalties; Nearly $14 Million In Undistributed Royalties Has Been Found By Music-focused Finance Firm Sound Royalties
» [2017-11-02] MusicDish*China October China Label Music Releases And Charts; Several Tracks From October Releases Have Charted On Chinese Music Portal Kanjian ING Top 10 Weekly Chart
follow MusicDish on