U.S. Copyright Office Issues Interim Rule Updating Section 115 Compulsory License Regulations
Issue No. 735 - December 7, 2018

Pursuant to the Musical Works Modernization Act, title I of the recently enacted Orrin G. Hatch–Bob Goodlatte Music Modernization Act, the U.S. Copyright Office is issuing an interim rule to amend the Office’s existing regulations pertaining to the compulsory “mechanical” license for making and distributing phonorecords of nondramatic musical works available under 17 U.S.C. § 115 so as to conform the existing regulations to the new law, including with respect to the operation of notices of intention and statements of account, and to make other minor technical updates.

This interim rule is generally directed at the present transition period before a blanket license is offered by a mechanical licensing collective and does not include regulatory updates that may be required in connection with the future offering of that blanket license; such updates will be the subject of future rulemakings.

While the rule is largely a technical implementation of the Music Modernization Act, the Office invites public comments on the interim rule. The interim rule and instructions on how to submit comments are available here. Written comments must be received no later than January 22, 2019, at 11:59 p.m. eastern time.