On July 20, US Congressman Jim Sensenbrenner (R-WI) introduced the Transparency in Music Licensing Ownership Act. The legislation would create a database of music copyright ownership and licensing information. The database would cover both musical works and sound recordings.
A copy of the legislation is available here.
According to Representative Sensenbrenner’s press release, the legislation would:
- Require the Register of Copyrights to establish and maintain a current informational database of musical works and sound recordings while granting the Register authority to hire employees and contractors, promulgate regulations, and spend appropriated funds necessary and appropriate to carry out these functions.
- Ensure that the database is made publicly accessible by the Copyright Office, in its entirety and without charge, and in a format that reflects current technological practices, and that is updated on a real-time basis.
- Limit the remedies available to a copyright owner or authorized party to bring an infringement action for violation of the exclusive right to perform publicly, reproduce or distribute a musical work or sound recording if that owner/ authorized party has failed to provide or maintain the minimum information required in the database.
The legislation is cosponsored by Representatives Suzan DelBene (D-WA), Blake Farenthold (R-TX), and Steve Chabot (R-OH).
Shortly after the introduction of the legislation, BMI and ASCAP announced that they have been separately creating a similar database by combining their repertories. The BMI/ASCAP database is set to launch in the fourth quarter of 2018.
Continue reading “Music Licensing Databases? The Transparency in Music Licensing Ownership Act and ASCAP/BMI”
The Fair Play Fair Pay Act of 2017 currently pending in the House of Representatives would amend the Copyright Act to extend the public performance right for sound recordings to any audio transmission. Currently, the sound recording public performance right applies only to digital audio transmissions (e.g., Pandora, SiriusXM, etc.). The new public performance right would mean that AM/FM broadcast stations would be required to pay royalties for terrestrial/over-the-air broadcast transmissions of sound recordings. Currently, 21 Representatives have co-sponsored The Fair Play Fair Pay Act.
Opposition to the Fair Play Fair Pay Act continues to grow. The Local Radio Freedom Act proposes a resolution providing that:
Congress should not impose any new performance fee, tax, royalty, or other charge relating to the public performance of sound recordings on a local radio station for broadcasting sound recordings over-the-air, or on any business for such public performance of sound recordings.
Currently, 191 Representatives have co-sponsored the Local Radio Freedom Act, and 22 Senators have co-sponsored the companion bill in the Senate.
In a letter dated May 4, 2017, members of the musicFIRST Coalition urged the leadership of the Senate Committee on the Judiciary and the House Committee on the Judiciary to support the Fair Play Fair Pay Act.
The Fair Play Fair Pay Act would establish a performance right for AM/FM radio, change the standard for determining satellite radio royalties, and require royalties for the performance of pre-1972 sound recordings. The letter notes that “[t]he U.S. stands alongside just a few other countries, including China, Iran and North Korea, in not recognizing a performance right” for sound recordings.
Members of the musicFIRST Coalition include: A2IM (American Association of Independent Music), American Federation of Musicians, RIAA, The Recording Academy, SAG-AFTRA, and SoundExchange.