The Music Modernization Act
The Orrin G. Hatch-Bob Goodlatte Music Modernization Act (“Music Modernization Act”) is the most significant piece of copyright legislation in decades and updates our current laws to reflect modern consumer preferences and technological developments in the music marketplace. The law is organized into three key titles, outlined below: Title I—Music Licensing Modernization Act; Title II—Classics Protection and Access Act; and Title III—Allocation for Music Producers Act.
On July 8, 2019, the U.S. Copyright Office named Mechanical Licensing Collective, Inc. as the designated Mechanical Licensing Coordinator under Title I of the Music Modernization Act. Following this important step, the Copyright Office will continue additional MMA implementation activities, including updating relevant publications to reflect changes to the law; conducting further rulemakings; soliciting public comments on relevant issues; engaging in extensive outreach and educational activities for songwriters; and undertaking a policy study regarding best practices that the mechanical licensing collective may implement. Updates will be posted here as they are released.
Title I—Music Licensing Modernization Act
Downloads and Streaming
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).
Title II—Classics Protection and Access Act
Title II, among other things, brings pre-1972 sound recordings partially into the federal copyright system. The legislation created a new chapter 14 to title 17 of the United States Code, which, among other things, extends remedies for copyright infringement to owners of sound recordings fixed before February 15, 1972...
Title III—Allocation for Music Producers Act
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."