{
  "id": "RL33631",
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      "id": 445559,
      "date": "2015-09-22",
      "retrieved": "2016-04-06T18:20:59.496762",
      "title": "Copyright Licensing in Music Distribution, Reproduction, and Public Performance",
      "summary": "This report provides an overview of the complexities of the Copyright Act\u2019s provisions concerning music licensing. It also discusses four issues involving copyrights in musical works and sound recordings that have been the subject of recent congressional and judicial consideration: (1) extending copyright protection to pre-1972 sound recordings; (2) requiring radio broadcasters to compensate recording artists; (3) changing the standard used to calculate royalties for digital music transmissions; and (4) modifying antitrust consent decrees governing songwriter performance royalties. \nCopyright law provides protection for original works of authorship by conferring certain exclusive rights upon their creators. Music is an example of a kind of literary and artistic work that falls squarely within the scope of copyright law. Federal law recognizes copyright protection for two separate and distinct types of music-related creations: \u201cmusical works\u201d and \u201csound recordings.\u201d A musical work refers to a songwriter\u2019s musical composition and accompanying lyrics, while a sound recording is a particular version of a musician singing or playing a musical work, as that rendition is captured in a recording medium such as a compact disc, cassette tape, vinyl album, or MP3 file. \nIf a third party wants to use a copyrighted work in a particular way, he or she must ordinarily seek permission from the copyright holder; in the music industry, such permission is often referred to as \u201clicensing.\u201d A license permits a third party to do something with a copyrighted work that implicates a copyright holder\u2019s exclusive right, possibly in exchange for monetary compensation known as a royalty fee, without concern of infringing the copyright holder\u2019s rights. Some licenses are negotiated instruments between a copyright holder and a third party (referred to as \u201cvoluntary licenses\u201d). Other licenses are provided by the Copyright Act. These statutory licenses are instruments that compel copyright holders to allow others to exercise a holder\u2019s rights without negotiated permission. In copyright law, they are commonly referred to as \u201ccompulsory\u201d licenses. When statutory requirements are satisfied by the party interested in using the copyrighted work, a compulsory license is available if the party complies with the terms of the statutory license as well as pays the statutory royalty fees.\nThe licensing system behind the use of musical works and sound recordings differs depending on (1) whether the music is transmitted digitally or through analog means, (2) who the user is, and (3) the particular \u201cexclusive right\u201d of the copyright holder that is implicated by the use. Whenever a user reproduces or distributes a non-digital or digital sound recording, the sound recording copyright holder and musical work copyright holder are both entitled to payment. Whenever a user publicly performs a sound recording via non-digital transmission, authorization from only the musical work copyright holder is needed. However, if the sound recording is publicly performed through digital audio transmission, both the musical work copyright holder and the sound recording copyright holder have a right to receive royalties.\nA more comprehensive understanding of music licensing requires a familiarity with the Digital Performance Right in Sound Recordings Act (DPRSRA) and the Digital Millennium Copyright Act (DMCA). This report explains how these laws amend the Copyright Act to, among other things, refine the scope of licensing for both types of copyright holders. \nThe Copyright Act also sets forth several exemptions from infringement liability for certain unauthorized uses, including the fair use doctrine (17 U.S.C. \u00a7 107) and limitations on the public performance right under specific situations (17 U.S.C. \u00a7 110).",
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          "source": "IBCList",
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    {
      "source": "University of North Texas Libraries Government Documents Department",
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      "id": "RL33631_2015Apr15",
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      "id": "RL33631_2008Jan29",
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      "id": "RL33631_2006Aug30",
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