Music Licensing Charts
Copyright and the Music Marketplace:
Existing Licensing Framework
Musical works
publishers/songwriters
Sound recordings
record labels/artists
Synch rights,
etc.
Reproduction and distribution (mechanical) rights
Public performance rights
Publishers directly
Publishers directly or through
labels
Statutory notice
Synch rights,
etc.
Reproduction and distribution rights,
and public performance rights for digital
interactive
Public performance
rights for digital
noninteractive
Public performance
rights for terrestrial (AM/FM)
radio
Labels directly
Labels directly
No federal performance
right
Traditional media (TV, film, etc.) and new media (internet, etc.)
Downloads, interactive streaming,
CDs, etc.
Traditional media
(radio, TV, etc.) and new media
Live
(internet, etc.)
Traditional media
(TV, film, etc.) and new media (internet, etc.)
Downloads, interactive streaming, CDs, etc.
Internet and satellite radio, etc.
Copyright and the Music Marketplace:
Proposed Licensing Framework
Musical works
publishers/songwriters
Sound recordings
record labels/artists
Synch rights,
etc.
Mechanical and public performance
rights subject to withdrawal
Reproduction and distribution (mechanical) and
public performance rights
Synch rights,
etc.
Reproduction and distribution rights, and
public performance rights for
digital interactive
Public performance rights for digital noninteractive and terrestrial
Publishers directly
Publishers directly
MROs and GMRO
Labels directly
Labels directly
Traditional media (TV, film, etc.) and new media (internet, etc.)
Downloads and interactive
streaming
Physical products (CDs, etc.)
Traditional media (radio, TV, etc.) and new media (internet, etc.)
Live
Traditional media (TV, film, etc.) and new media (internet, etc.)
Downloads, interactive streaming,
CDs, etc.
Internet, satellite and terrestrial (AM/FM) radio, etc.
Copyright and the Music Marketplace:
Existing Ratesetting Framework
Musical works
publishers/songwriters
Sound recordings
record labels/artists
Public performance
rights
Reproduction and distribution
(mechanical) rights
Synch rights, etc.
Reproduction and distribution rights, public performance rights for digital interactive, synch rights, etc.
Public performance rights for digital noninteractive
Works subject to ASCAP/BMI
consent decrees
Works not subject to ASCAP/BMI consent decrees
Satellite radio and preexisting
subscription services
Internet radio and new
subscription services
"Reasonable" rate
Federal district court (rate courts)
Rates negotiated in the free market
801(b)(1) factors
Willing buyer/ willing seller
Copyright Royalty Board
Copyright and the Music Marketplace:
Proposed Ratesetting Framework
Musical works
publishers/songwriters
Sound recordings
record labels/artists
Reproduction and distribution (mechanical) and public performance rights (MRO- and GMRO-
administered)
Mechanical and public performance rights
subject to withdrawal, synch rights, etc.
Reproduction and distribution rights, public performance rights for digital interactive, synch rights, etc.
Public performance rights for noninteractive (internet, satellite, and terrestrial (AM/FM) radio, etc.)
Rates negotiated in the free market
Market?oriented standard (e.g., willing buyer/willing seller)
Copyright Royalty Board (as needed)
Regulatory Overview
Reproduction/ distribution
Digital interactive performance
Digital noninteractive performance
Terrestrial performance (e.g., AM/FM radio)
Synch
Sound recording Freely negotiated Freely negotiated
Regulated ? CRB
No right Freely negotiated
Musical work
Regulated ? CRB
Regulated ? rate courts (ASCAP & BMI)
Freely negotiated (other PROs)
Regulated ? rate courts (ASCAP & BMI)
Freely negotiated (other PROs)
Regulated ? rate courts (ASCAP & BMI)
Freely negotiated (other PROs)
Freely negotiated
Ratesetting Standards
Use
Ratesetting body Authority
Standard
?115 mechanical (musical works)
Copyright Royalty Board
?801(b)(1)
Multifactor policyoriented approach
?114 satellite radio Copyright (sound recordings) Royalty Board
?801(b)(1)
Multifactor policyoriented approach
?114 internet radio Copyright (sound recordings) Royalty Board
?114(f)
"Willing buyer/ willing seller"
ASCAP/BMI public performance
(musical works)
Federal "rate courts" in New York
Consent decrees
"Reasonable fee" (or "fair market
value" considering antitrust concerns)
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