Current Developments of Public Performance Rights for Sound Recordings Transmitted Online: You Push Play, but Who Gets Paid
2001; Volume: 22; Issue: 1 Linguagem: Inglês
ISSN
1536-5751
Autores Tópico(s)Digital Rights Management and Security
ResumoNew developments in copyright law have had a profound impact on the public performance rights for an owner of a sound recording. A newly enacted exclusive right to publicly perform a sound recording by means of a digital audio transmission has raised numerous questions for copyright lawyers. This Article attempts to demystify the confusion by exploring the present state of a sound recording owner’s public performance rights. Recent advances in multimedia technology have given birth to webcasting, downloads, and digital lockers. Included in this Article is an analysis of how public performance laws directly impact this new technology. Congressional legislation currently offers webcasters a statutory license to digitally transmit music but maintains a compensation model for those who provide such music. Although non-interactive webcasting services can now obtain a compulsory license to stream music to the public by meeting certain requirements, they must still pay public performance fees to sound recording owners. In addition, a downloading service that delivers music to users on the Internet brings public performance rights in a
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