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.

Music Licensing in the Streaming Age: Mechanical Royalties, the MLC, and Direct Deals

Intellectual Property > Copyright | Published 16 March 2025 - Updated 29 April 2025 | UpLaw - uplaw.us

A single stream reproduces a composition, performs it, reproduces and performs a sound recording, and triggers payments to as many as four collectives across dozens of countries. This article walks the whole machine end to end—rights, licensors, rates, collectors—and shows why the hardest problem in music money is not earning it but receiving it.

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