Article · Intellectual Property
Music Licensing in the Streaming Age: Mechanical Royalties, the MLC, and Direct Deals
- Type
- Article
- Jurisdiction
- National
- Date
- 2025-03-16
- Topic
- Intellectual Property
One tap of "play" fires off one of the most tangled rights-clearance events in commercial law, touching two separate copyrights, four collecting organizations, and reporting duties across scores of countries. This UpLaw research article dissects how music licensing actually works after the streaming shift—what rights exist, who holds them, what each license costs, who collects it, and why being owed money and receiving it are two different things. It traces the two copyrights in every recording, the Section 115 compulsory mechanical born in the player-piano era, the pre-2018 breakdown that class actions and an Act of Congress finally addressed, the blanket license and the Mechanical Licensing Collective, the performing-rights organizations and their 1941 consent decrees, sound-recording licensing and SoundExchange under Section 114, the negotiated world of sync and controlled-composition clauses, and the direct deals running outside the collective. It carries the story through the Phonorecords IV rate period, the dismissal and partial revival of the MLC's bundling suit against Spotify, and the majors' around-the-bundle deals, closing on the rate, transparency, and generative-AI fights that will define the next decade.
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