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  • 16 - Music Licensing

  • from Part III - Industry- and Context-Specific Licensing Topics
  • Jorge L. Contreras, University of Utah
  • Book:
    Intellectual Property Licensing and Transactions
    Published online:
    21 June 2022
    Print publication:
    30 June 2022, pp 493-522
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  • Summary

    Chapter 16 covers a range of topics related to music licensing. It first summarizes the complex copyright rules surrounding musical compositions and performances, as well as the compulsory licensing regime for mechanical reproductions and the Copyright Royalty Board (RIAA v. Librarian of Cong.). It describes the collective performing rights organizations (PRO) such as ASCAP and BMI, as well as recent market changes introduced by digital transmission. The chapter next addresses the licensing of musical performances, both analog and digital (Arista Records v. Launch Media), with reference to the 2018 Music Modernization Act. The chapter next covers synchronization and master recording rights that are needed when music is paired with video. The issue of music sampling is next addressed, posing questions relating to the feasibility of the current music licensing system in the face of widespread sampling.