The music industry is continuously evolving, and so are the laws that govern it. New music law encompasses recent legal developments and emerging issues that impact artists, producers, distributors, and consumers. Understanding these changes is crucial for navigating the modern music landscape and ensuring compliance with current regulations.
As specialists in entertainment law, we highlight key areas of new music law that reflect the dynamic nature of the industry.
The Music Modernization Act (MMA)
One of the most significant recent legislative changes in music law is the Music Modernization Act (MMA) in the United States, which was signed into law in 2018. The MMA addresses several key issues in the digital age:
- Title I: Musical Works Modernization Act: This section streamlines the mechanical licensing process for digital music providers by creating a centralized Mechanical Licensing Collective (MLC). The MLC administers blanket licenses for digital uses of musical compositions, making it easier for streaming services to license music and ensuring songwriters receive fair royalties.
- Title II: Classics Protection and Access Act: This section extends federal copyright protection to pre-1972 sound recordings, which were previously governed by a patchwork of state laws. This change ensures that older recordings receive the same protections as newer works, providing artists and rights holders with the ability to collect royalties for digital uses.
- Title III: Allocation for Music Producers (AMP) Act: This section ensures that producers, mixers, and sound engineers receive royalties for uses of sound recordings, particularly from digital services. It formalizes the process for these professionals to claim their share of royalties.
Digital Streaming and Royalties
The rise of streaming services has dramatically altered how music is consumed and compensated. New laws and regulations continue to adapt to this shift:
- Streaming Royalties: The calculation and distribution of streaming royalties remain complex and often contentious. Various jurisdictions are exploring ways to ensure fair compensation for artists and rights holders. This includes negotiations over royalty rates and the division of royalties between songwriters, performers, and producers.
- User-Generated Content (UGC): Platforms like YouTube, TikTok, and Twitch have changed how music is shared and monetized. Laws are evolving to address how royalties are collected and distributed for UGC, balancing the interests of creators, rights holders, and platform operators.
Copyright Infringement and Enforcement
The digital age has made it easier to distribute and access music, but it has also increased the potential for copyright infringement:
- Takedown and Staydown: New approaches to copyright enforcement are being developed to improve the effectiveness of takedown notices and to ensure that infringing content does not reappear on platforms after removal.
- Automated Content Identification: Technologies like Content ID on YouTube help identify and manage the use of copyrighted material, allowing rights holders to monetize or block infringing content.
International Treaties and Agreements
Globalization has expanded the reach of music, requiring international cooperation and agreements to manage copyright across borders:
- The Marrakesh Treaty: This treaty facilitates access to published works for persons who are blind, visually impaired, or otherwise print disabled. It underscores the importance of accessibility in the global music and publishing industries.
- The Beijing Treaty on Audiovisual Performances: This treaty, which came into effect in 2020, grants performers of audiovisual works (including music videos) economic rights, such as the right to reproduction, distribution, rental, and making available. It also grants moral rights to claim authorship and to object to derogatory alterations.
Fair Use and Sampling
The legal landscape around fair use and sampling in music continues to evolve, reflecting changes in technology and creative practices:
- Fair Use: Courts are continually interpreting the boundaries of fair use, particularly in cases involving transformative uses of copyrighted material. This affects how artists can incorporate samples and references into new works.
- Clearance Practices: The process of clearing samples and obtaining licenses remains a critical area of focus. New tools and services are emerging to streamline sample clearance, helping artists navigate the legal complexities involved.
Artificial Intelligence and Music Creation
The use of artificial intelligence (AI) in music creation raises new legal questions about authorship and copyright:
- AI-Generated Music: As AI becomes more capable of composing music, questions arise about who owns the copyright to AI-generated works. Legal frameworks are beginning to address whether AI-generated content can be copyrighted and, if so, who the rights holders are.
- Collaboration and Credit: AI tools are increasingly used in collaboration with human artists. Laws and industry practices are adapting to ensure that all contributors, including those using AI tools, receive appropriate credit and compensation.
New music law is a reflection of the rapidly changing music industry, influenced by technological advancements, shifts in consumption patterns, and evolving creative practices.