Digital music services, music publishers and Congress have been seeking for years to resolve complex legal issues that have hampered digital music growth and innovation. One of these issues is whether internet radio or any form of digital streams intended to be enjoyed as immediate performances require a license under Section 115 of the Copyright Act, which has historically been viewed as relating to the distribution of musical compositions that are part of sound recordings. Today DiMA has asked the Copyright Royalty Board to formally request that the U.S. Copyright Office resolve this issue.
Digital music services believe that digital performances are like radio and should require a performance license only. Music publishers historically have asserted that "on demand" or "interactive" digital performances are subject to the both the public performance right and a publishing "mechanical" right (a combination of the reproduction and distribution rights that are generally granted together for the production and distribution of CDs or digital downloads).
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http://musicdish.com/mag/index.php3?id=12173
Tuesday, March 18, 2008
DiMA Requests
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