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ARTICLE · 31 AUGUST 2021

Copyright Office Releases Post-MMA Report On Unclaimed Royalties

On July 8, 2021, the U.S. Copyright Office released a public report, Unclaimed Royalties: Best Practice Recommendations for the Mechanical Licensing Collective...

United StatesIntellectual Property

On July 8, 2021, the U.S. Copyright Office released a public report, Unclaimed Royalties: Best Practice Recommendations for the Mechanical Licensing Collective, as required by the Music Modernization Act (MMA). The passage of the MMA in 2018 created the Mechanical Licensing Collective (MLC), a nonprofit governing agency tasked with establishing blanket royalty rates, collecting royalties under a mechanical license and distributing royalties to copyright owners when their works are streamed by Digital Service Providers (DSPs).

While a copyright owner has exclusive rights to reproduction and distribution under 17 U.S.C. §§ 106 (1) and (3), these rights are subject to compulsory licensing requirements under 17 U.S.C. § 115. A compulsory mechanical license allows any party to reproduce and distribute nondramatic musical works by simply paying a set license fee determined by statute. Unlike most other intellectual property licenses, the compulsory mechanical license does

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