sound recordings – IP Law Watch

Proposed copyright reform in Australia – Limited liability scheme for use of orphan works

Sep 28 2020

Reforms to the Copyright Act 1968 (Cth) (Act) are just around the corner, and after two years of extensive stakeholder consultation, the Government has finally proposed a limited liability scheme for use of orphan works. The proposed reforms were announced by Hon Paul Fletcher MP, Minister for Communications, Cyber Safety and the Arts, on 13 August 2020.

This proposed amendment will favour the cultural, educational and broadcasting sectors in Australia who will soon be able to use and display works for which a copyright owner cannot be identified or located without risk of copyright infringement, and will result in an important public interest benefit.

A Modern Melody for the Music Industry: The Music Modernization Act Just Passed Congress and Awaits Presidential Approval

Oct 02 2018

By Mark Wittow, Katie Staba and Trevor M. Gates

On September 25, 2018, the House concurred in Senate amendments to the newly-named Orrin G. Hatch-Bob Goodlatte Music Modernization Act (the “MMA”), sending that act to the president for signature.[1] The MMA is intended to “modernize copyright law” as applied to songwriters, publishers, digital music providers, record labels, and others involved in the creation and distribution of music. The MMA consists of three parts:

Title I establishes a licensing collective for digital music service providers to grant blanket mechanical licenses to such providers and collect and distribute royalties to rights owners;
Title II creates a royalty structure to compensate owners of pre-1972 sound recordings; and
Title III provides a statutory right for producers, mixers, and sound engineers to collect royalties for digital transmissions of sound recordings.

The MMA is the result of unprecedented alignment among Republicans and Democrats, the U.S. House and Senate, and music industry stakeholders.[2] Nonetheless, this major update to copyright licensing law in the music industry may cause upheaval within the complex music marketplace structure, which encompasses songwriters, studio professionals, artists, record labels, and digital streaming services.[3]

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