Buying and Selling Music in the Digital Era
9 07 2019JetLaw
Carter Gantt
September 30, 2018
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There are two types of streaming services. In noninteractive services, the listener is passive and unable to choose their music. Interactive services allow the listener to select her own music. For the non-interactive streaming companies, Congress allows them to have a copyright to this music so long as they pay a standard royalty rate to the copyright holders. Every five years, the Copyright Royalty Board (CRB), which oversees the copyright board’s licenses, sets that standard rate.
When deciding on what the rate will be for the next term the board first waits for parties to negotiate a rate. If they are unable to do so, the CRB holds an adversarial proceeding to decide on the rates, and endeavors to “establish rates and terms that most clearly represent the rates and terms that would have been negotiated in the marketplace between a willing buyer and seller.”
In a recent decision, SoundExchange, Inc. v. Copyright Royalty Board and Librarian of Congress, the U.S. Courts of Appeals for the D.C. Circuit upheld the recent royalty rate that was established by the CRB for noninteractive services.
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