A long and winding road to new copyright legislation
On October 11th, the President signed the Hatch-Goodlatte Music Modernization Act (the “Act”, or “MMA”). The MMA goes back, legislatively, to at least 2013, when Chairman Goodlatte (R-VA) announced that, as Chairman of the House Judiciary Committee, he planned to conduct a “comprehensive” review of issues in US copyright law. Ranking Member Jerry Nadler (D-NY) was also deeply involved in this process, as were Senators Hatch (R-UT) Leahy (D-VT), and Wyden (D-OR). But this legislation didn’t fall from the sky; far from it.
“…rights holders collect money that would otherwise be in tiny little bits that they could not afford to collect, and in that way they are able to protect their copyright rights. On the flip side, substantial users of lots of other people’s copyrighted materials are prepared to pay for it, as long as the transaction costs are not extreme.”
—Fred Haber, VP and Corporate Counsel, Copyright Clearance Center
“…a blanket statutory license administered by a nonprofit mechanical licensing collective. This collective will collect and distribute royalties, work to identify songs and their owners for payment, and maintain a comprehensive, publicly accessible database for music ownership information.”
— Regan A. Smith, General Counsel and Associate Register of Copyrights
(AP Photo) The Liverpool beat group The Beatles, with John Lennon, Paul McCartney, George Harrison and Ringo Starr, take it easy resting their feet on a table, during a break in rehearsals for the Royal variety show at the Prince of Wales Theater, London, England, November 4, 1963. (AP Photo)
- For recordings first published before 1923, the additional time period ends on December 31, 2021.
- For recordings created between 1923-1946, the additional time period is 5 years after the general 95-year term.
- For recordings created between 1947-1956, the additional time period is 15 years after the general 95-year term.
- For works first published between 1957-February 15, 1972 the additional time period ends on February 15, 2067.
Published November 7, 2018
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