Music Modernization Act

In October 2018, by federal legislation, music was modernized. Around the edges, at least.

A good summary of the Music Modernization Act (“MMA”) was put out by the U.S. Copyright Office, at https://www.copyright.gov/music-modernization/.

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The MMA is an amalgam of three different legislative fixes to perceived problems (mostly felt by plumbers in the digital realm):

  1. Licensing: Under the first part of the MMA, creates a whole new mechanical licensing “collective” that will create and maintain a database of sound recordings, and then a new blanket mechanical license rate for songs. Finally, it seems, the ISRC will achieve its purpose.
  2. Pre-1972 sound recordings will now be protected under federal copyright law. Prior to the MMA, they were protected, if at all, under various state laws.
  3. Producers, mixers, and sound engineers [and I’m guessing arrangers too] now can receive a percentage of sound recording royalties, if the artist sends Sound Exchange a “letter of direction.” And these “non-artists” may have a right to demand such a royalty, even for work done long ago. Certainly, a new provision is likely to appear in any proposed production/producer agreement.

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