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Music Modernization Act in the US Copyright

发布日期:2022-08-26  浏览次数:   信息来源:小编
What is Orrin G. HATCH-BOB GoodLatte Music Act?
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The \"Music Modernization Act\" updated the field of music permits to better promote the legal license of music for digital services. It also provides some protection (and exceptions to these protection) before 1972, and solves the problem of distribution of the producer's version tax.
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What is the function of the Music Modernization Act?
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The Music Modernization Act contains three main parts:
\u0026 nbsp; 123] Title I -Modernization Act of Music Works, create a package permit for interactive streaming media services, and establish a mechanical license collective (MLC) and the number of the number of the licensee (DLC), making it easier for services and creators Essence
Title II \u0026 NDASH; Classic Protection and acquisition method, it created federal rights for the owner of the recording product produced by February 15, 1972.
Title III \u0026 NDASH; Music producer allocation bill (AMP bill), it creates a way to collect certain edition taxes for music producers, mixed audio and audio engineers.
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Title I \u0026 NDASH; Modernization Act of Music Work
What about what? Is it a mechanical license collective?
\u0026 nbsp; Mechanical license collective (\u0026 ldquo; mlc \u0026 rdquo;) is a non -profit entity that will from \u0026 ldquo; That is, January 1, 2021) Start managing a new package permit system established by the Music Modernization Act. MLC will receive notifications and reports from digital music providers, collect allocation of distribution taxes, and determine music works and their owners to pay. It will establish and maintain a database that can be visited, which includes and music worksThe information related to the product (the share of such works), as well as the identity and location of the copyright owner of such works within the known range, and the recording of the music work. reflect. In the case where MLC cannot match the music work with the copyright owner, it has the right to distribute the unmanned version tax to the copyright owner determined in the MLC record,
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What is the number of the number of the licensee?
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The number of the licensee coordinator (\u0026 ldquo; dlc \u0026 rdquo;) is a non -profit entity, responsible for coordinating the activity of being licenic and designated A representative as a non -voting member of the MLC board of directors. DLC has been authorized to participate in the lawsuit procedure of the copyright version of the tax judge to determine the administrative evaluation of digital music providers to operate MLC payment.
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Which entities are specified as MLC and DLC?
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Mechanical Licensing Collection, Inc. (\u0026 LDQUO; MLCI \u0026 RDQUO;) was specified as MLC. DIGITAL LIGENEEE Coordinator, Inc. Before making these options, the Copyright Office conducted a public lawsuit and received more than 600 comments from the proposal to be specified by the designated entity, and the interests of the stakeholders from the entire music industry. Information about the specified process can be obtained here. The contact information of MLC and DLC can be obtained here. \u0026 nbsp;
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Why does the registration book specify MLCI and DCli?
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The registry specifies the MLCI as MLC because it proves that it meets each legal standard and is the only candidate to meet the requirements of the regulatory recognition requirements people. MLCI also shows that it can well fulfill the administrative and technical functions of MLC, including receiving notifications and reports from digital music providers, collecting and allocating version taxes, matching copyright owners with recording, and maintaining a database that can be visited publicly. Essence RegisterThe book is also determined that the members of the board of directors of MLCI are fully qualified to work in the board of directors in accordance with the legal standards. \u0026 nbsp;
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Similarly, the registry determines that the DLCI complies with each statutory standard. It has been recognized by service providers and permission to the largest proportion of related markets, and shows the administrative and technical capabilities that perform their responsibilities. The registration volume found that each member of the board of directors was very qualified.
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Who pays the operating cost of MLC?
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The operating cost of MLC will be paid by digital music providers through voluntary donations and copyright tax judges. MLC and DLC will be authorized to participate in the lawsuit procedures before the copyright tax judge litigation procedure to determine the administrative evaluation of MLC paid by digital music providers. \u0026 nbsp;
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Will MMA change the rate of compulsory license according to Article 115?
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The new legislation did not change the rate of compulsory license in accordance with Article 115. However, the legislation does establish a new rate setting standard for the application of the copyright version of the tax judge. The new market -based voluntary buyer/voluntary seller rate setting replaces policy -oriented 801 (b) (1) rate setting standards. Copyright tax judges will apply new standards in the procedure that starts on October 11, 2018 or later. \u0026 nbsp;
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Can I submit NoI to the Copyright Administration?
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The existing notice of making and distributing non -drama music works (NOI) records in the form of competence to the Copyright Administration The system will continue to be applicable to non -digital uses (such as CD, ethylene plastic).
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However, the Copyright Administration will no longer accept NOI to obtain forced might.Digital recording products of the work, such as the form of permanent download, limited download or interactive stream. Instead, after the registration period will release relevant regulations and specify the transition period of the management of a key entity, the new license will be fully available (covering all music works that can be used for mandatory licenses). By submitting a license notice to the mechanical license collective (MLC), digital record delivery can be obtained based on a new package permit. During the transitional period before MLC provided a comprehensive license, as long as digital music providers comply with certain requirements, their responsibilities will be restricted, including goodwill and business efforts to identify and position their music works they use in their services Each copyright owner. For more details, please refer to the following answers to common questions during the transition.
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What will happen during the transition period?
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Before obtaining a package of MLC, digital music providers can enjoy the copyright owner who cannot identify or position the copyright of music works that cannot be identified or located. The restrictions on the copyright infringement liability of music works, as long as digital music providers identify and locate the copyright owners of music works with good faith and business reasonable efforts. Digital music providers must also be prepared to pay for the copyright tax after finding the copyright owner of the music work. As a part of goodwill and business reasonable efforts to identify a part of the copyright owner of the music work, digital music providers must use one or more batch electronic matching process, and as long as the copyright owner of the music works is unknown, you must continue to use these monthly use. process. If the copyright owner of the music works is identified or positioned during the search process, digital music providers must report and pay any edition tax owed by the copyright owner. If the copyright owner of the music works is not determined between the date of promulgation and a package of permits, digital music providers must provide accumulated use reports and taxable taxes to the mechanical license collective.
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How will I ask for version tax to MLC?

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Once established, MLC will establish and manage copyright owners who can claim to have a program for ownership of music works (and share of such works) ownership. Essence Once the owner who does not match the work is determined and positioned according to the procedure set by MLC, the music work database and other records of MLC will be updated accordingly. The MLC dispute resolution committee will implement policies and proceduresResolve and solve disputes related to ownership and interests of licensed music works.
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The Copyright Bureau will update its website to provide more educational information about copyright claims.
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If I have registered the copyright for my work, do I still need to do?
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Yes, even if you have already registered for copyright, you still need to register in MLC (once it starts and runs) A certain version of tax.
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My work has not been registered at the Copyright Administration. Can I still register in MLC?
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Yes. Music works can obtain certain statutory taxes paid through MLC in the Copyright Administration. However, to obtain some non -digital uses (such as CD and vinyl records), your music works must be in the records of the Copyright Administration, which can be completed by registration. It does provide some additional protection for copyright registration works, such as the ability to investigate statutory damage compensation and lawyer fees in infringement lawsuits.
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My work has been used without my permission in the past. Can I ask for compensation?
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If digital music providers comply with certain requirements, including goodwill attempts to identify and position copyright owners, the past liability for infringement is limited to only limited to Shopping tax. The US Copyright Administration does not provide legal guidance to specific infringement cases.
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How does MMA affect the ground broadcasting station?
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MMA does not directly affect the ground radio station. Article 114 (i) is prohibited from the Performance Organization (PRO) Toll Court of Toll Settings of the Paid Settings of the Public Performance of the Music Works.However, the abolition of the rate setting that is not suitable for ground broadcasting stations.
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\u0026 nbsp; The second chapter of MMA, the \"Classic Protection and acquisition Law\", which clearly retains Chapter 17 Perhaps possible Any proceeds or lack of any lawsuit generated by non -subscribing to broadcast transmission in accordance with ordinary laws or US regulations. Any activity that does not meet the activities covered by Chapter 17.
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How does MMA affect the performance right organization or ASCAP and BMI consent laws?
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Article 114 (i) prohibit the PRO rate court from perceive the schedule for the public performance of the music works as recording The license fee paid by the digital performance has been partially abolished. This abolition is not suitable for radio radio companies. In addition, the legislation changed the way that the judges of the southern New York District were assigned to ASCAP and BMI agreed to the laws in the law of the court procedure, and all new rate disputes were allocated by turning in turns, rather than all controversy shall be processed by the federal court. The same judge.
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\u0026 nbsp; Title II Classics Protection and Access Act ]
What is the protection period of recording before 1972?
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Federal remedial measures that are not authorized to use recording before 1972 should be valid within 95 years after the first publication of the recording, but there is certain certain certainly The extra period. According to the first time the recording was published, these periods provided different additional protection for the recording before 1972:
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For the first time of recording released before 1923 The extra time ended on December 31, 2021.
The additional time period was first published between 1923 and 1946. The extra time period was 5 years after the 95 -year period.
For 19The first record of the first time from 47 to 1956, the extra time period was 15 years after the 95 -year period.
For all the remaining recording fixed before February 15, 1972, the additional transition period should end on February 15, 2067.
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Do I need to register the recording before 1972?
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No. No obligation to register. However, in order to obtain legal damage compensation and/or lawyer fees, the new 1401 (e) (5) usually requires the right holder to submit to the Copyright Administration to list the timetable of its recording before 1972 (a recently formulated item formulation (recently formulated. The rules are the requirements of the office). This requirement replaces the formal registration requirements that are usually applicable to claims involving legal damage compensation. The right holders who submitted these timetables must include the name of the right holder, the name of the recording, the special invitation artist, and the international standard recording code (\u0026 ldquo; isrc \u0026 rdquo;) (if it is known and feasible). The rule also stipulates how individuals request to notify the right owner in a timely manner when to submit such timetables to the office.
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What are the exceptions of non -commercial use of recording before 1972?
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The legislation establishes a procedure to legally use non -commercial purposes of recording that has not been used before 1972. To obtain this exemption, users must submit non -commercial use notices after conducting goodwill and reasonable search, and the owner of the recording right shall not be opposed to use within 90 days.
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After formulating a notification and proposed rules for a three -wheeled public opinion, the office issued the final rules, and The specific steps that users should take to prove that she has conducted goodwill and reasonable search. \u0026 nbsp;
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How long will it take to this office to make the person in accordance with the temporary rules before 1972 in 1972 The timetable of the recording is compiled into the index?
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The Copyright Administration will immediately prepare indexes for recording timetable before 1972 after receiving the correct timetable and prescribed costs.
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Title III music producer distribution method (the payment mechanism of producer, mixed and engineer) [123 ]
What does the AMP bill mean for the producer, mixer or engineer?
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The third chapter of MMA, music producer allocation bill (\u0026 ldquo; AMP bill \u0026 rdquo;), it will allow music producers and mixed The audio or engineer participated in the creative process of making recording, but according to the laws and regulations, it was not compensated from the charging fee collected by the legal license in accordance with Article 114 according to Article 114. It can be implemented by compiling a process. In this process, the collective collection and distribution of the collective tax (currently Sound Exchange) will be distributed directly to the producer and mixing according to the author's \u0026 ldquo; instruction letter \u0026 rdquo; Division or engineer receiver. The AMP Act also indicates that the collector (SoundexChange) adopts a policy. Without the instructional letter,