MUSIC MODERNIZATION ACT

By: Ryan Compton and Thomas Holguin After many years of litigation and lobbying expenses, the battle over pre-1972 music rights has finally been ended.  On October 11, 2018, President Trump signed the Music Modernization Act (“MMA”), legislation that purports to provide additional protection for song writers and publishers, as well as to provide a clearer licensing landscape for those who use such music. The bill revamps Section 115 of the U.S. Copyright Act in three major aspects: Pre-1972 Sound Recordings The marquee change relates to songs recorded prior to 1972.  Under the 1976 Copyright Act, Congress extended federal copyright protection to sound recordings. However, the scope of federal protection did not extend to sound recordings fixed before January 15, 1972. So far, these pre-1972 sound recordings have been protected by state copyright law under a variety of different regimes, causing chaos and the aforementioned litigation. The MMA closes this…

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