With advancements in technology, the
United States Copyright Office has recognized the need to revise provisions of
the Copyright Act. Recently, the Office completed its review of the music licensing regime. Among other recommendations, such
as ensuring that music creators are fairly compensated and that the licensing
process is efficient, the Copyright Office suggested that artists should have
the right to preclude musicians from recording
cover versions of
their songs and posting them on YouTube and selling them on iTunes. Presently,
many indie artists perform and record cover songs in order to showcase their
musical talents and build their fan base by playing songs that are
recognizable.
Presently,
Section 115 of the United States Copyright Act
governs compulsory licensing. Per Section 115(a)(2), an individual can make a
cover version of a work as long as the individual has obtained a compulsory
license. Per Section 115(a)(1), a person may distribute phonorecords of musical
works to the public if the person obtains a compulsory license.
In
its study, the Copyright Office recommended revising Section 115 to afford
songwriters and publishers the right to stop people from posting cover versions
of songs on interactive and download sites. Publishers would have the option to
negotiate interactive streaming and digital phonorecord delivery (DPD) rights
for their song catalogs, which would include the ability to authorize the
distribution of cover versions of songs. If a publisher elects to not negotiate
interactive streaming and DPD rights for their songs, then a musician who wants
to produce a cover version of a song will need to obtain a voluntary license if
the musician wants to post the song on a streaming or download site. The Copyright Office maintains that persons
should still be able to record cover versions of songs on physical cds and to
play covers on broadcast radio and in live concerts.
While
these are just recommendations at this time, the Copyright Office’s position
demonstrates that it is attempting to balance the rights of musicians seeking
to record cover versions and publishers who own the copyrights to popular
songs. Nevertheless, many indie musicians may not have the resources necessary
to obtain voluntary licenses in order to post their cover versions on streaming
sites, which may lead the musicians to receive limited exposure.
