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ARTICLE · 03 APRIL 2014

Copyright Office To Study Music Licensing

The United States Copyright Office has announced the initiation of a study of the effectiveness of existing methods of music licensing.

United StatesIntellectual Property

The United States Copyright Office has announced the initiation of a study of the effectiveness of existing methods of music licensing. Three types of licenses were mentioned in the announcement: (1) compulsory licenses for the reproduction and distribution of musical compositions; (2) licenses for the public performance of compositions through ASCAP and BMI; and (3) licenses for the relatively new right in the digital public performance of sound recordings.

Among the issues that will be considered are:

Compulsory Licenses for Reproducing and Distributing Musical Compositions

The owner of a musical composition has a "mechanical" right, which is the exclusive right to make and distribute copies of the composition (including records, CDs, digital downloads, etc.). This right is subject to a compulsory licensing scheme set forth in 17 U.S.C. § 115. In practical terms, this means that if you are a musician who wants to record and sell a version of a song someone

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