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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- 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.
- 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.
- 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.