The purpose of copyright law is to establish a system that encourages the creation and dissemination of new works by providing authors with an incentive to create those works. There are many types of music services that provide consumers with access to the songs they love. From terrestrial radio to online subscription music services, each platform is governed by different rules that determine which types of royalties must be paid and how prices change from service to service. While policymakers created the U.S. music licensing system to provide fair compensation for artists, songwriters, and composers and to foster innovation, the current system often fails to do either. The Department of Justice (DOJ) should use the review of the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music Inc.’s (BMI) consent decrees to begin the process of modernizing the way music copyrights are licensed in the digital age, kee ping an eye on innovation, competition, transparency, and fairness. The Performance Rights Organizations (PROs), such as ASCAP and BMI, are mired in a slow, complex system that fails to create competitive rates for compulsory licenses. While the onus to fix many of these issues ultimately resides in the halls of Congress, DOJ can sow the seed of change by pushing the PROs to adopt several directives as part of these consent decrees. DOJ requested comment on whether these consent decrees still serve an important purpose today. ITIF believes these consent decrees are still important to protect competition, because in their absence, the bulk music licensing world of the PROs is free to pursue monopolistic pricing. However, the DOJ can take steps to improve the consent decrees and to align them with technological breakthroughs and innovations of the digital age.
Promoting Innovation and Competition in Music Licensing
Today, ITIF filed comments with the Department of Justice (DOJ) to address the consent decrees of Performance Right Organizations (PROs) such as the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music Inc. (BMI). We argue DOJ should rework these decrees to modernize the way music copyrights are licensed in the digital age.
The Expendables: Pirates vs. Action Heroes
The Expendables III leaked online three weeks prior to its on-screen release. Pre-release privacy costs films millions, while reducing creativity, stalling innovation, and harming free speech. While our beloved action heroes were unable to protect their movie from copyright infringement this time, the Internet community can take steps to reduce future leaks.
Copyrights and Innovation: Understanding the Debate
Rob Atkinson spoke on a panel titled "Copyrights and innovation: Understanding the debate," hosted by the American Enterprise Institute’s Center for Internet, Communications, and Technology Policy. The panel explored approaches to fundamental reforms in copyright law and policy and the importance of copyright in fostering innovation.
2014 Special 301 Report Highlights Continuing Concerns over India’s Protection of Foreign IP Rights
The United States Trade Representative’s 2014 Special 301 Report both placed India on its Priority Watch List and announced an out-of-cycle review for India, meaning that USTR will undertake an additional review of India’s intellectual property rights (IPR) protection and enforcement policies in the fall of 2014. While the report commended India for making “some improvements in its IPR legal framework and enforcement system” it noted that “IP protection and enforcement challenges are growing” and that “serious questions regarding the future of the innovation climate in India across multiple sectors” including the life sciences, renewable energy, digital content, and information and communications technology product sectors. The report highlighted compulsory licensing, patent denials and revocations, copyright and piracy, counterfeiting, localization policies, and difficulty protecting trade secrets as particular challenges in India’s intellectual property environment.