Compromise Music Modernization Act Will Bring Old Sound Recordings into The Public Domain, Tiptoe Towards Orphan Works Solution; TechDirt, September 19, 2018

Mike Masnick, TechDirt; Compromise Music Modernization Act Will Bring Old Sound Recordings into The Public Domain, Tiptoe Towards Orphan Works Solution

"So, this new amended bill creates a very minor tiptoe towards an orphan works concept, just with sound recordings and only for "certain noncommercial uses of sound recordings that are not being commercially exploited." This is way, way, way too limited, but it's a start. Under the rules, someone engaged in non-commercial use (and boy, I can't wait to see the litigation fights over what counts as commercial v. non-commercial use...), has to make a "good faith, reasonable search" to see if a work is being commercially exploited. Following that, they have to file a notice with the Copyright Office announcing their intention to use the sound recording, allowing a 90 day period for someone to object. If there are no objections then, the work may be used in such non-commercial projects. This is extremely limited (way too much so), but hopefully will be useful to sites like the Internet Archive and various libraries. It would be nice if it went much further, but considering that no attempt to deal with orphan works has ever gone anywhere, this seems like at least a tiny step in the right direction. At the very least, hopefully it can be used to show that the world doesn't collapse when there is a way to make use of orphan works when the copyright holder cannot be found."

Controversy Hides Within US Copyright Bill; Intellectual Property Watch, May 29, 2018

Steven Seidenberg, Intellectual Property Watch; Controversy Hides Within US Copyright Bill

"In a time when partisanship runs wild in the USA and the country’s political parties can’t seem to agree on anything, the Music Modernization Act is exceptional. The MMA passed the House of Representatives on 25 April with unanimous support. And for good reason. Almost all the major stakeholders back this legislation, which will bring some badly needed changes to copyright law’s treatment of music streaming. But wrapped in the MMA is a previously separate bill – the CLASSICS Act – that has been attacked by many copyright law experts, is opposed by many librarians and archivists, and runs counter to policy previously endorsed by the US Copyright Office."

Public Knowledge Welcomes Sen. Wyden’s ACCESS to Recordings Act; Public Knowledge, May 23, 2018

Shiva Stella, Public Knowledge; Public Knowledge Welcomes Sen. Wyden’s ACCESS to Recordings Act

"Today, Senator Wyden (D-OR) introduced the ACCESS to Recordings Act, which would extend federal copyright protection to pre-1972 sound recordings, and in doing so, harmonize them with their modern counterparts. Public Knowledge applauds Senator Wyden for acknowledging the injustices posed by the current system and fighting to rationalize our copyright law.

 The CLASSICS Act, a flawed bill that would hurt consumers, was recently incorporated into the Music Modernization Act, a larger bill addressing other issues in music licensing. Public Knowledge supports the ACCESS to Recordings Act because it provides full federal protection for pre-1972 sound recordings -- something the CLASSICS Act avoids."

Music Modernization Act Gains Momentum in Senate; Variety, May 15, 2018

Ted Johnson and Paula Parisi, Variety; Music Modernization Act Gains Momentum in Senate

"[Smokey] Robinson spoke forcefully on behalf of the MMA and particularly the CLASSICS Act, sharing how a few years ago, he audited the digital services playing his music and found they owed him $250,000. After confronting them, he was offered $12,000 and told, “If you don’t like it, sue us.” Robinson noted there are few artists with the economic means to take on that sort of battle, concluding “We need your help!’”

The legislation passed the House unanimously last month, and it also includes sweeping changes to the licensing regime for digital music services. A Senate version was recently introduced.

The Senators seemed inclined to provide that help."