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Music Modernization Act Passes in the U.S. House


U.S. Congress
U.S. Congress

The Music Modernization Act was passed on Wednesday in the U.S. House. The consensus music licensing bill, which is the product of the House Judiciary Committee's copyright review, is designed to update several key provisions of U.S. copyright law regarding music licensing. When proposed, the bill noted that much of the current licensing system was established in an analog song-by-song era using compulsory licenses first established in 1909 and were no longer working as intended.

Key Provisions of the Music Modernization Act include:

Title I - Music Modernization Act

  • Reflects how modern digital music services operate by creating a blanket licensing system to quickly license and pay for musical work copyrights
  • Discourages music litigation that generates legal settlements in favor of simply ensuring that artists and copyright owners are paid in the first place without such litigation
  • Ends the flawed U.S. Copyright Office bulk notice of intent system that allows royalties to not be paid
  • Implements uniform rate setting standards to be used by the Copyright Royalty Board for all music services
  • Shifts the costs of the new licensing collective created by the bill to those who benefit from the collective - the licensees
  • Updates how certain rate court cases are assigned in the Southern District of New York
Title II - Compensating Legacy Artists
Provides a public performance right for pre-1972 recordings for Songs, Service, and Important Contributions to Society (CLASSICS) Act

Title III - Allocation for Music Producers (AMP) Act
Ensures that record producers, sound engineers, and other creative professionals receive compensation for their work

In a statement, NAB President/CEO Gordon Smith said, ""NAB applauds the House passage of the Music Modernization Act, which provides a consensus solution to music licensing issues facing songwriters, music publishers, and on-demand streaming services. We especially thank Chairman Goodlatte, Ranking Member Nadler, and Representatives Collins, Jeffries, and Issa for their work to address the concerns of America's hometown radio and television stations. We look forward to working with lawmakers in the Senate to advance this important legislation."

The House Judiciary Committee includes Chairman Bob Goodlatte (R-VA), Ranking Member Jerrold Nadler (D-NY), Courts, Intellectual Property and the Internet Subcommittee Vice Chairman Doug Collins (R-GA), Representative Hakeem Jeffries (D-NY), Courts, Intellectual Property, and the Internet Subcommittee Chairman Darrell Issa (R-CA), Courts, Intellectual Property and the Internet Subcommittee Ranking Member Hank Johnson (D-GA), former House Judiciary Committee Chairman and current Science, Space and Technology Committee Chairman Lamar Smith (R-TX), and Representative Ted Deutch (D-FL).

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