Copyright's Deficit: Technology, Modern Consumer Preferences, and the Music Marketplace

Abstract

While it is clear, and arguably has been for the last five years, that paid subscription streaming is the future of the music industry, the law has failed to keep pace with “modern consumer preferences and technological developments in the music marketplace.” The Music Modernization Act of 2018 (MMA), which amends the U.S. copyright law, 17 U.S.C., is Congress’s effort to keep pace with the music industry by fixing our cumbersome and inefficient music licensing system. The MMA is a step in the right direction, but it falls short of Congress’s goal. Focusing on Title I of the MMA—the Music Licensing Modernization Act—I argue that, aside from creating a compulsory blanket mechanical license for musical works, Title I of the MMA has done very little to improve business transactions in the music marketplace. Moreover, instead of “present[ing] a series of balanced tradeoffs among interested parties to create a fairer, more efficient, and more rational system for all,” Title I of the MMA hyper-