60-617: The Mechanical Licensing Collective ( MLC ) is a nonprofit organization established under the Music Modernization Act of 2018. It was created to issue blanket mechanical licences for qualified streaming services in the United States, such as Spotify , Apple Music , Amazon Music , and Tidal . In 2020, The MLC announced that four music data companies had joined its Data Quality Initiative (DQI), including: Blokur , Exactuals, Music Data Services, and TuneRegistry. This move
120-487: A "pictorial, graphic, or sculptural feature" incorporated into a useful article is eligible for copyright protection, holding that such features are eligible for copyright protection "only if the feature (1) can be perceived as a two- or three-dimensional work of art separate from the useful article and (2) would qualify as a protectable pictorial, graphic, or sculptural work—either on its own or fixed in some other tangible medium of expression—if it were imagined separately from
180-455: A clause that remained through the final passed bill. On December 31, 2017, Wixen Music Publishing, representing artists like Tom Petty and Neil Young , filed a lawsuit against Spotify to seek unpaid royalties for their artists' songs, asking for US$ 1.6 billion in damages. The suit was filed to be able to recover damages for infractions that occurred before the MMA's January 1, 2018 date. This suit
240-410: A copyright has the exclusive right to do and authorize others to do the following: A violation of any of the exclusive rights of the copyright holder is a copyright infringement , unless fair use (or a similar affirmative defense) applies. The initial owner of the copyright to a work is the author, unless that work is a "work made for hire". If a work is not a work for hire, then the author will be
300-486: A copyright, can terminate the transfer under certain circumstances. This right to terminate the transfer is absolute and cannot be waived. For works published before 1978, copyrights may revert to the author after 56 years. For example, Paul McCartney reclaimed the U.S. publishing rights to early Beatles songs from Sony Music Publishing , beginning in October 2018. For works published since 1978, copyrights may revert to
360-489: A government employee acting within the course of his or her official duties. The Supreme Court has also ruled that annotated versions of statutes or court decisions at the federal, state, and local level, when such annotations are done by members of the government as part of their duties, are ineligible for copyright in Georgia v. Public.Resource.Org, Inc. (2020). There are six basic rights protected by copyright. The owner of
420-449: A lack of a central database with which to track down songwriters and composers, and had even set aside part of their working capital to deal with legal issues in order to offer full music catalogs, in contrast to Amazon.com 's music selection. There was a last-minute conflict in the Senate, brought up by SESAC and SiriusXM , relating to royalties for pre-1972 sound recordings, but a deal
480-485: A matter of longstanding public policy, the U.S. Copyright Office will not register a government edict that has been issued by any state, local, or territorial government, including legislative enactments, judicial decisions, administrative rulings, public ordinances, or similar types of official legal materials. Likewise, the Office will not register a government edict issued by any foreign government or any translation prepared by
540-454: Is United States legislation signed into law on October 11, 2018, aimed to modernize copyright -related issues for music and audio recordings due to new forms of technology such as digital streaming . It is a consolidation of three separate bills introduced during the 115th United States Congress . The MMA is a combination of three bills previously introduced in Congress. The three bills became
600-544: Is an article having an intrinsic utilitarian function that is not merely to portray the appearance of the article or to convey information. An article that is normally a part of a useful article is considered a "useful article". "the design of a useful article, as defined in this section, shall be considered a pictorial, graphic, or sculptural work only if, and only to the extent that, such design incorporates pictorial, graphic, or sculptural features that can be identified separately from, and are capable of existing independently of,
660-669: Is available to both published and unpublished works. Copyright law includes the following types of works: Copyright law protects the "expression" of an idea, but copyright does not protect the "idea" itself. This distinction is called the idea–expression dichotomy . The distinction between "idea" and "expression" is fundamental to copyright law. From the Copyright Act of 1976 ( 17 U.S.C. § 102 ): In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of
SECTION 10
#1733085870764720-422: Is restricted for commercial uses. Federal, state, and local statutes and court decisions are in the public domain and are ineligible for copyright, a concept known as the government edicts doctrine. It is not difficult to see the motivations behind this: The citizens are the authors of the law, and therefore its owners, regardless of who actually drafts the provisions, because the law derives its authority from
780-493: Is some "creative" or "original" act involved in developing the compilation, such as in the selection (deciding which facts to include or exclude) and arrangement (how facts are displayed and in what order). Copyright protection in compilations is limited to the selection and arrangement of facts , not to the facts themselves. The Supreme Court decision in Feist Publications, Inc., v. Rural Telephone Service Co. clarified
840-525: Is sought. Deposits can be made through the Copyright Office's eCO System. This deposit requirement serves two purposes. First, if a copyright infringement lawsuit arises, the owner may prove that the material that is infringed is exactly the same material for which the owner has secured a registration. Second, this requirement helps the Library of Congress build its collection of works. Failure to comply with
900-569: The Copyright Act of 1976 to "Either 75 years or the life of the author plus 50 years" and the Sonny Bono Copyright Term Extension Act of 1998 (also called the "Mickey Mouse Protection Act", because it prevented the copyright from expiring on the first commercial success of the Disney cartoon character Mickey Mouse ), which increased it even more, to 95 years after publication (120 years after creation for unpublished works), or
960-539: The Mechanical Licensing Collective began paying out unmatched mechanical royalties to songwriters and their publishers. One of the first high-profile legal challenges to the MMA was raised in a lawsuit from Eminem 's publisher Eight Mile Style against Spotify , asserting that Spotify has allowed Eminem's music to be streamed without paying the proper royalties, as the service lists some of these works under "Copyright control" with no known owner. While
1020-431: The "Fair Play Fair Pay Act", H.R. 1836 , introduced on March 30, 2017, by Rep. Jerrold Nadler , were added to this Title. The Fair Play Fair Pay Act had been designed to harmonize how royalties were paid by terrestrial radio broadcasters and Internet streaming services. Under previous law, songwriters and composers would receive mechanical license royalties for radio play, but the performing artists would not be paid as
1080-518: The 6th December 2023, The MLC announced their Supplemental Matching Network, which initially consists of five companies ( Blokur , Jaxsta , Pex , Salt and SX Works, a SoundExchange company) that will provide data matching services to complement and enhance The MLC’s existing matching processes and capabilities. Music Modernization Act The Orrin G. Hatch–Bob Goodlatte Music Modernization Act , or Music Modernization Act or MMA ( H.R. 1551 , Pub. L. 115–264 (text) (PDF) )
1140-533: The British Statute of Anne , which influenced the first U.S. federal copyright law, the Copyright Act of 1790 . The length of copyright established by the Founding Fathers was 14 years, plus the ability to renew it one time, for 14 more. 40 years later , the initial term was changed to 28 years. It was not until a full 180 years after its establishment that it was significantly extended beyond that, through
1200-695: The President and CEO of The Recording Academy , began calling for the music industry to combine lobbying efforts with the goal of passing new legislation and regulatory reform. The following day he gave a speech to lawmakers at Grammys on the Hill calling for unity legislation. On June 10, 2014, Portnow testified before the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet . On January 8, 2018, representatives from numerous sections of
1260-521: The Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries." The United States Copyright Office , which is in the Library of Congress , handles copyright registration, recording of copyright transfers , and other administrative aspects of copyright law. United States copyright law traces its lineage back to
SECTION 20
#17330858707641320-486: The US Copyright Office's website. The Copyright Office reviews applications for obvious errors or lack of copyrightable subject matter and then issues a certificate of registration. The Copyright Office does not compare the author's new work against a collection of existing works or otherwise check for infringement. The United States Copyright Office requires a deposit copy of the work for which copyright registration
1380-505: The United States before 1929 are in the public domain ; works created but not published or copyrighted before January 1, 1978, may be protected until 2047. For works that received their copyright before 1978, a renewal had to be filed in the work's 28th year with the Copyright Office for its term of protection to be extended. The need for renewal was eliminated by the Copyright Renewal Act of 1992 , but works that had already entered
1440-561: The bill to an existing, unrelated bill, H.R. 1551 , which the House agreed to. The Senate voted in favor of the bill on September 19, 2018, and was subsequently signed into law by President Donald Trump on October 11, 2018. Among those in attendance at the signing were musicians Kid Rock , Mike Love , Sam Moore , John Rich , Craig Morgan and Jeff Baxter , and the Christian band MercyMe . While Kanye West had been reported to be attending
1500-534: The circumstances. Transfers of copyright always involve one or more of the exclusive rights of copyright. For instance, a license may provide a right to perform a work, but not to reproduce it or to prepare a derivative work (adaptation right). The terms of the license are governed by the applicable contract law; however, there is substantial academic debate about to what extent the Copyright Act preempts state contract law principles. An author, after transferring
1560-506: The consent of the public, expressed through the democratic process. Three key Supreme Court cases established this government edicts doctrine: Wheaton v. Peters (1834), Banks v. Manchester (1888), and Callaghan v. Myers (1888). The doctrine was codified into the United States Code at 17 U.S.C. § 105 via the Copyright Act of 1976 . The Copyright Office upholds this doctrine within its own regulations: As
1620-445: The deposit requirement, as modified by Copyright Office regulations, is punishable by fine, but does not result in forfeiture of copyright. The use of copyright notices is optional. The Berne Convention , amending US copyright law in 1989, makes copyright automatic. However, the lack of notice of copyright using these marks may have consequences in terms of reduced damages in an infringement lawsuit—using notices of this form may reduce
1680-559: The designs 'hav[e] … graphic … qualities … [and could be] applied … on a painter's canvas,' the test for copyrightability is met." Works created by the federal government are not copyrightable. This restriction on copyright applies to publications produced by the United States Government, and its agents or employees within the scope of their employment. However, government contractors are generally not considered employees, and their works may be subject to copyright. Additionally,
1740-499: The exclusive Right to their respective Writings and Discoveries." This includes incentivizing the creation of art, literature, architecture, music, and other works of authorship. As with many legal doctrines, the effectiveness of copyright law in achieving its stated purpose is a matter of debate. The United States copyright law protects "original works of authorship" fixed in a tangible medium, including literary, dramatic, musical, artistic, and other intellectual works. This protection
1800-485: The fair use exception. Copyright is automatically granted to the author of an original work (that otherwise meets the basic copyright requirements, discussed above). Registration is not necessary. However, registration amplifies a copyright holder's rights in a number of ways. Registration, or refusal of registration, is required before a lawsuit can be filed, and registration creates the possibility for enhanced "statutory" damages. A copyright can be registered online at
1860-447: The form in which it is described, explained, illustrated, or embodied in such work. For example, a paper describing a political theory is copyrightable. The paper is the expression of the author's ideas about the political theory. The theory itself is just an idea , and is not copyrightable. Another author is free to describe the same theory in their own words without infringing on the original author's copyright. Although fundamental,
Mechanical Licensing Collective - Misplaced Pages Continue
1920-421: The government can purchase and hold the copyright to works created by third parties. The government may restrict access to works it has produced through other mechanisms. For instance, classified materials may not be protected by copyright, but are restricted by other applicable laws. Even in case of non-classified materials, there may be specific prohibitions against usage, such as the presidential seal , which
1980-625: The idea–expression dichotomy is often difficult to put into practice. Reasonable people can disagree about where the unprotectable "idea" ends and the protectable "expression" begins. As Judge Learned Hand put it, "Obviously, no principle can be stated as to when an imitator has gone beyond copying the 'idea,' and has borrowed its 'expression.' Decisions must therefore inevitably be ad hoc." Mere facts are not copyrightable. However, compilations of facts are treated differently, and may be copyrightable material. The Copyright Act, § 103 , allows copyright protection for "compilations", as long as there
2040-438: The initial copyright owner. The author generally is the person who conceives of the copyrightable expression and "fixes" it in a "tangible medium of expression." Special rules apply when multiple authors are involved: Three types of transfers exist for copyrighted works. The first two, assignment and exclusive licenses, require the transfer to be in writing. Nonexclusive licenses need not be in writing and they may be implied by
2100-500: The issue of music creators not getting paid for their work, the MLC built a publicly accessible musical works database and portal that creators and music publishers can use to submit and maintain their musical works data. This is so that when their music is played on streaming services, the generated royalties are collected from digital service providers and distributed to the appropriate songwriters, composers, lyricists, and music publishers. On
2160-589: The life of the author plus 70 years, whichever ends earlier. The Congress shall have Power ... To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. The goal of copyright law, as set forth in the Copyright Clause of the US Constitution , is "to promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors
2220-478: The likelihood of a defense of "innocent infringement" being successful. Copyright protection generally lasts for 70 years after the death of the author. If the work was a "work for hire", then copyright persists for 120 years after creation or 95 years after publication, whichever is shorter. For works created before 1978, the copyright duration rules are complicated. However, works published before January 1, 1929 (other than sound recordings), have made their way into
2280-485: The music industry united to join The Recording Academy's push for comprehensive music reform, including RIAA , NMPA , NSAI , and ASCAP . The three bills were consolidated in the House by Goodlatte on April 10, 2018, as H.R. 5447 , which passed the bill on April 25, 2018. Hatch introduced the combined bill in the Senate as S. 2823 on May 10, 2018. During the Senate's review, the body voted to move
2340-520: The original author after 35 years. 17 U.S.C. § 203(a) states that the author must write a letter requesting a termination of the original copyright grant at least two years before the effective termination date. Title 17, United States Code, Section 108 places limitations on exclusive copyrights for the purposes of certain limited reproduction by a public library or an archive. Title 17, United States Code, Section 107 also places statutory limits on copyright which are commonly referred to as
2400-411: The public domain at an earlier time. Recordings prior to 1923 entered the public domain three years from passage, which equates to January 1, 2022 (see note). Recordings from 1923 to 1956 enter the public domain on January 1 the year after they turn 100 years old. For example, a work published on June 1, 1925, enters the public domain on January 1, 2026. Every January 1 following 2022, works will enter
2460-642: The public domain by non-renewal did not regain copyright protection. Therefore, works published before 1964 that were not renewed are in the public domain. Before 1972, sound recordings were not subject to federal copyright, but copying was nonetheless regulated under various state torts and statutes, some of which had no duration limit. The Sound Recording Amendment of 1971 extended federal copyright to recordings fixed on or after February 15, 1972, and declared that recordings fixed before that date would remain subject to state or common law copyright. Subsequent amendments had extended this latter provision until 2067. As
Mechanical Licensing Collective - Misplaced Pages Continue
2520-411: The public domain, until the final date occurring on January 1, 2047, which concludes the entire corpus of works published between 1923 and 1946. Following a 10 year break, recordings from 1947 to 1956 will enter every year until the final date occurring on January 1, 2067. All recordings from 1957 to February 14, 1972, will be protected until February 15, 2067. The Allocation for Music Producers (AMP) Act
2580-574: The public domain. United States copyright law was last generally revised by the Copyright Act of 1976 , codified in Title 17 of the United States Code . The United States Constitution explicitly grants Congress the power to create copyright law (and patent law ) under Article I, Section 8, Clause 8, known as the Copyright Clause . Under the Copyright Clause, Congress has the power "To promote
2640-465: The public domain. All copyright terms run to the end of the calendar year in which they would otherwise expire. For works published or registered before 1978, the maximum copyright duration is 95 years from the date of publication, if copyright was renewed during the 28th year following publication. Copyright renewal has been automatic since the Copyright Renewal Act of 1992 . For works created before 1978, but not published or registered before 1978,
2700-834: The requirements for copyright in compilations. The Feist case denied copyright protection to a "white pages" phone book (a compilation of telephone numbers, listed alphabetically). In making this ruling, the Supreme Court rejected the " sweat of the brow " doctrine. That is, copyright protection requires creativity, and no amount of hard work ("sweat of the brow") can transform a non-creative list (like an alphabetical listing of phone numbers) into copyrightable subject matter. A mechanical, non-selective collection of facts (e.g., alphabetized phone numbers) cannot be protected by copyright. Copyright protects artistic expression. Copyright does not protect useful articles, or objects with some useful functionality. The Copyright Act states: A "useful article"
2760-499: The signing, he was not present, although had a luncheon with Trump later that day. The bills in both House and Senate had bipartisan support, as well as strong support from numerous music industry groups representing musicians, producers, and publishers, as well as from digital streaming media services and related industry groups. Digital streaming platforms Apple Music and Spotify had both come under prior separate legal actions for unpaid royalties for streaming music in part due to
2820-608: The standard §302 copyright duration of 70 years from the author's death also applies. Prior to 1978, works had to be published or registered to receive copyright protection. Upon the effective date of the 1976 Copyright Act (which was January 1, 1978) this requirement was removed and these unpublished, unregistered works received protection. However, Congress intended to provide an incentive for these authors to publish their unpublished works. To provide that incentive, these works, if published before 2003, would not have their protection expire before 2048. All copyrightable works published in
2880-429: The stated purpose to promote art and culture , copyright law assigns a set of exclusive rights to authors: to make and sell copies of their works, to create derivative works, and to perform or display their works publicly. These exclusive rights are subject to a time and generally expire 70 years after the author's death or 95 years after publication. In the United States, works published before January 1, 1929, are in
2940-564: The suit's primary complaint is with Spotify, the suit further argued that part of the law, limiting liabilities to those after January 1, 2018, was unconstitutional since it provides no proper compensation for the work that was taken from the publisher, against the Takings Clause of the Fifth Amendment. US copyright law The copyright law of the United States grants monopoly protection for "original works of authorship". With
3000-481: The surface of the cheerleading uniforms were separated from the uniform and applied in another medium—for example, on a painter's canvas—they would qualify as "two-dimensional ... works of ... art". And imaginatively removing the surface decorations from the uniforms and applying them in another medium would not replicate the uniform itself. Indeed, respondents have applied the designs in this case to other media of expression—different types of clothing—without replicating
3060-559: The three titles of the final act. The Musical Works Modernization Act (MWMA) is the Act first introduced into the House by Rep. Bob Goodlatte on December 17, 2017 ( H.R. 4706 ), and later to the Senate by Sen. Orrin Hatch on January 24, 2018. Both versions of the bill looked to improve how music licensing and royalties would be paid in consideration of streaming media services. The bill established three major provisions: In addition, elements of
SECTION 50
#17330858707643120-518: The uniform. The decorations are therefore separable from the uniforms and eligible for copyright protection. This produces a relatively low threshold for pictorial, graphic, or sculptural features on useful articles to be eligible for copyright protection, which one commentator clearly highlighted: the Star Athletica decision "really has ensured that all but the subtlest graphic designs will be able to gain copyright protection...once we determine that
3180-467: The use of songs on the radio was considered "promotional". The Fair Play Fair Pay Act had included language that would allow recording artists to receive performance royalties. However, these parts of the Fair Play Fair Pay Act were not included in the combined Music Modernization Act. The Compensating Legacy Artists for their Songs, Service, and Important Contributions to Society (CLASSICS) Act
3240-444: The useful article into which it is incorporated." Star Athletica began as a suit by Varsity Brands against Star Athletica for infringing the copyright of five cheerleader uniform designs. Applying its new test to the cheerleader uniform designs, the court said: First, one can identify the decorations as features having pictorial, graphic, or sculptural qualities. Second, if the arrangement of colors, shapes, stripes, and chevrons on
3300-520: The utilitarian aspects of the article." However, many industrial designers create works that are both artistic and functional. Under these circumstances, copyright law only protects the artistic expression of such a work, and only to the extent that the artistic expression can be separated from its utilitarian function. In 2017, the US Supreme Court granted certiorari in the case Star Athletica, L. L. C. v. Varsity Brands, Inc. to determine when
3360-414: Was introduced by Rep. Joseph Crowley on February 6, 2017 as H.R. 881 . The bill designates that SoundExchange , the non-profit organization established by Congress to distribute royalties on sound recordings, will also distribute part of those royalties to "a producer, mixer, or sound engineer who was part of the creative process that created [the] sound recording". On April 1, 2014, Neil Portnow ,
3420-725: Was made between SiriusXM, the National Music Publishers Association and the Recording Industry Association of America which allowed the bill to be passed by the Senate by a unanimous vote, allowing the bill to quickly pass through Congress via "hotlining" before the end of the session. When the House MMA bill was introduced in December 2017, it included a provision that liabilities for streaming companies would be limited to infractions after January 1, 2018,
3480-478: Was made to ensure the accuracy of their musical works data in its current database. As of January 2021, the MLC began paying royalties to rights owners. In October 2022, it was reported that the MLC had paid almost $ 700 million in blanket royalties to songwriters and publishers. The digital services that use the MLC have a legal obligation to spend $ 33.5 million on their start-up costs and $ 28.5 million on their first-year operating costs. To resolve
3540-606: Was originally introduced in the House as H.R. 3301 in July 2017. In US copyright law , sound recordings made prior to February 15, 1972, were not covered under federal copyright law, leaving them up to the individual states to pass laws for recording protection. This had created a complex series of laws that made it difficult for copyright enforcement and royalty payments. The CLASSICS Act established that sound recordings before 1972 are covered by copyright until February 15, 2067, with additional language to grandfather older recordings into
3600-402: Was ultimately settled out of court by December 2018 for an undisclosed sum. The Internet Archive opposed an earlier version of the bill. After it passed, they used a provision allowing libraries to offer recordings that are not commercially available, to digitize and offer public downloads of some long-playing records that are not commercially available. In 2021, in response to the MMA,
#763236