Copyright Licensing in Music Distribution, Reproduction, and Public Performance Page: 4 of 27
This report is part of the collection entitled: Congressional Research Service Reports and was provided to UNT Digital Library by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Copyright Licensing in Music Distribution,
Reproduction, and Public Performance
Introduction
Every essential Frank Sinatra collection contains the song "I've Got You Under
My Skin." While Sinatra fans may know the words and the melody, how many of
those fans understand the compensation structure behind this particular song? The
answer is probably very few. The public may know that the proceeds of any given
song flow to the record company and to the recording artist. However, the
compensation structure is actually more complex and involves more parties than just
the recording artist and the record label.
Further, there are increasingly steady pressures, economic and otherwise, that
the compensation scheme for music be dynamic to adapt to frequent changes in
music delivery methods. For instance, how consumers purchase and listen to music
has undergone significant changes in the last 15 years with the advent of the
computer and digital music deliveries. Thus, advancing technology has an important
role in further complicating the music compensation regime.
Appreciating the intricacies of music compensation requires an understanding
of the development of copyright law. What follows is an explanation of the music
licensing provisions of copyright law, and why enforcing rights to a song like "I've
Got You Under My Skin" can sound so complex.
The Music Copyrights
Copyright Law Basic Principles. The source of federal copyright law
originates with the Copyright and Patent Clause of the U.S. Constitution, which
authorizes Congress "[t]o promote the Progress of Science and useful Arts, by
securing for limited Times to Authors and Inventors the exclusive Right to their
respective Writings and Discoveries."' Copyright refers to the exclusive rights
granted by law to authors for the protection of original works of authorship fixed in
any tangible medium of expression.2 Original works must be captured in some form
beyond a transitory duration. The types of original works eligible for copyright
protection include literary, musical, dramatic, and pictorial works; motion pictures;
and sound recordings.3 Copyright is based on authorship and exists separate and
apart from its physical embodiment. For example, if a person purchases a collection
1U.S. CONST. art. I, 8, cl. 8.
2 17 U.S.C. 102.
3
Upcoming Pages
Here’s what’s next.
Search Inside
This report can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Report.
Huber, Jared & Yeh, Brian T. Copyright Licensing in Music Distribution, Reproduction, and Public Performance, report, August 30, 2006; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc807667/m1/4/: accessed March 28, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.