The United States does not currently have a performance right in sound recordings. Although it has been considered numerous times since the 1976 Copyright Act first proposed investigating the matter in section 114, is has never survived the legislative process due to the strong lobbying by the National Association of Broadcasters. The NAB has consistently argued that radio broadcasters are barely making a living and no further licensing above the ASCAP/BMI/SESAC fees should be required. The songwriters/publishers then get concerned that if fees do not increase, their part of the pie will become smaller.
Recent changes in technology including cable-based music distribution and digital audio broadcasting may finally drive the industry to create a limited performance right in sound recordings for digital broadcasters, much like the Audio Home Recording Act compromise that taxed digital audio tapes without touching standard cassettes.
Jonathan A. Franklin University of Michigan Law Library Reference Librarian & Ann Arbor, MI 48109-1210 Foreign Selector jafrank[_at_]umich.edu Phone: (313) 764-6150
On Tue, 13 Dec 1994, Lesley Harris wrote:
>
> Could someone pls. let me know whether the U.S. now has a performers'
> right in sound recordings, and if so, pls. briefly describe it.
>
> Thanks.
>
> Lesley Harris
> <harris[_at_]nicco.sscnet.ucla.edu>
Received on Wed Dec 14 1994 - 14:51:11 GMT
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