The National Music Publishers Association, Music Artists Coalition, Songwriters of North America and Black Music Action Coalition are hailing the 7/9 ruling by the U.S. Copyright Office reaffirming termination rights under the Music Modernization Act as "a landmark victory for songwriters."
Essentially, the decision makes clear that the so-called "derivative works" exception does not apply to blanket licensing under Section 115 of the Copyright Act, and further, that songwriters who've terminated their rights will be paid for subsequent uses of their compositions under the blanket license.
The decision also requires the Mechanical Licensing Collective to apply a royalty correction "to remedy previous misapplications of the derivative works exception" and offer instructions on ownership transfers, royalty-payee changes and other related disputes.
Said NMPA President/CEO David Israelite, "We are very pleased that the Copyright Office has affirmed the MLC’s practice, which ensures songwriters are properly and expediently paid post-termination. Having clear guidance on this issue will make the MLC and larger industry even more efficient, as it provides a clear road map to those who have decided to reclaim their copyrights."
"By confirming how termination rights apply to the blanket license, the Office has affirmed the fundamental principle that creators should benefit from their work," added Music Artists Coalition board member Jordan Bromley. "The Music Artists Coalition has long advocated for this change, and we're thrilled to see it come to fruition. This decision not only ensures fair compensation to songwriters who reclaim their rights but also sets a precedent that strengthens the very foundation of copyright law in the digital age. It's a clear message that in the evolving landscape of music streaming and licensing, the rights of creators must be respected and protected."
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