Orrin G. Hatch—Bob Goodlatte Music Modernization Act

The Orrin G. Hatch—Bob Goodlatte Music Modernization Act (“Music Modernization Act”) addresses Congress’s determination that copyright law has not kept pace with changing consumer preferences and technological developments in the music marketplace. It is the most significant piece of copyright legislation in decades. The law is organized into three key titles: Title I—Music Licensing Modernization; Title II—Classics Protection and Access; and Title III—Allocation for Music Producers. The Copyright Office welcomes the passage of landmark legislation expected to benefit the many across all aspects of the music marketplace, including songwriters, publishers, artists, record labels, digital services, libraries, and the public.

In advance this legislation, Congress held a series of hearings on music, as part of its comprehensive review of the nation’s copyright laws. To inform that effort, the Copyright Office conducted a comprehensive study of the music licensing framework as well as the ever-evolving needs of those who create and invest in music, which resulted in a report entitled “Copyright and the Music Marketplace.” This report followed the Copyright Office’s earlier report “Federal Copyright Protection for Pre-1972 Sound Recordings,” which examined the desirability of and means for bringing sound recordings fixed before February 15, 1972, under federal jurisdiction. Many of the suggestions offered in these reports will be realized in enactment of this legislation.

Licensing Interactive Streams

Title I—Music Licensing Modernization Act
addresses Section 115 of Title 17

Overview

Title I, among other things, replaces the existing song-by-song compulsory licensing structure for making and distributing musical works with a blanket licensing system for digital music providers to make and distribute digital phonorecord deliveries (e.g., permanent downloads, limited downloads, or interactive streams).

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Designation of MLC and DLC

Pursuant to the Musical Works Modernization Act, title I of the recently-enacted Orrin G. Hatch—Bob Goodlatte Music Modernization Act (MMA), the U.S. Copyright Office has issued a notice of inquiry seeking public comment regarding the designation of a mechanical licensing collective and a digital licensee coordinator to carry out key functions under the updated mechanical licensing process.

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Rulemakings

• Technical Amendments to Section 115 Compulsory License Regulations
• Designation of Mechanical Licensing Collective

FAQ

• Musical Works Modernization Act (changes to section 115)

Links

• Requirements and Instructions for Electronically Submitting a Section 115 Notice of Intention to the Copyright Office
• Section 115 NOIs Filed with the Copyright Office

Pre-1972 Recordings

Title II—Classics Protection and Access Act
addresses pre-1972 sound recordings

Overview

Title II, among other things, brings pre-1972 sound recordings partially into the federal copyright. The legislation created a new chapter 14 of the copyright law, title 17 United States Code, which, among other things, extends remedies for copyright infringement to owners of sound recordings fixed before February 15, 1972 (“Pre-1972 Sound Recordings”) when the recordings are used without authorization. The new chapter includes several limitations and exceptions to the eligibility for these remedies and related administrative procedures, which are addressed below.

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Schedules of Pre-1972 Sound Recordings

• Requirements for Submitting Schedules of Pre-1972 Sound Recordings, Including Supplemental Schedules
• Indexed Schedules of Pre-1972 Sound Recordings

Notices of Noncommercial Use

• Requirements for Submitting Notices of Noncommercial Use
• Requirements for Submitting Opt-Out Notices
• Indexed Notices of Noncommercial Use

Notices of Contact Information

• Filed Notices of Contact Information

Rulemakings

• Rulemaking Regarding Schedules of Pre-1972 Sound Recordings and Notices of Contact Information By Transmitting Entities
• Rulemaking Regarding the Noncommercial Use Exception to Unauthorized Uses of Pre-1972 Sound Recordings

FAQ

• Classics Protection and Access Act (federal remedies for pre-1972 sound recordings)

Music Producers/Royalties

Title III—Allocation for Music Producers Act
addresses royalty payments for certain creators

Overview

Title III, among other things, allows music producers, mixers, or sound engineers to receive royalties collected for uses of sound recordings under the section 114 statutory license by codifying a process wherein the designated collective (Sound Exchange) will distribute those royalties to such parties under a “letter of direction.

FAQ

• Allocation for Music Producers Act (payment mechanism for producers, mixers, and engineers)