Termination Rights, Royalty Distributions, Ownership Transfers, Disputes, and the Music Modernization Act

NewsNet 1051
August 30, 2024

The U.S. Copyright Office is adjusting certain compliance dates related to the corrective adjustment process in its July 9, 2024, final rule on termination rights and other topics related to the Music Modernization Act. The final rule contained a discrepancy between a date in the rule’s regulatory text and its preamble. To resolve any confusion created by the discrepancy and ensure parties have adequate time to participate in the corrective adjustment process, the Office is adjusting the relevant compliance dates for all parties by extending each date by approximately thirty days from the original dates provided in the rule’s regulatory text.

The original final rule and the rule adjusting the compliance dates can both be found on the website.  

U.S. Copyright Office Issues Final Rule to Create New Group Registration Option for Updates to News Websites; Available Now

NewsNet 1047

July 22, 2024

The U.S. Copyright Office has created a new group registration option, known as Group Registration for Updates to a News Website or GRNW, to allow news publishers to register frequently updated news websites as collective works with a deposit composed of identifying material representing sufficient portions of the works included, rather than the complete contents of the website.

The rapid pace at which many web-based materials are created and updated presents a challenge for copyright owners seeking to protect online news works. Online news publishers have expressed concern that the registration options currently available to them are expensive and burdensome. After careful consideration of the benefits to copyright owners, the potential impact on the public record, and the ability to efficiently examine these works, the Office establishes this rule with the anticipation that it will lead to broader participation in the registration system.

The application for the GRNW registration option is available now. For more information, visit our website.

U.S. Copyright Office Issues a Final Rule in the Proceeding “Termination Rights, Royalty Distributions, Ownership Transfers, Disputes, and the Music Modernization Act.”

NewsNet 1044
July 9, 2024

The Copyright Office has issued a final rule in its proceeding “Termination Rights, Royalty Distributions, Ownership Transfers, Disputes, and the Music Modernization Act.” This final rule confirms that the derivative works exception to termination rights under the Copyright Act (the “Exception”) does not apply to the statutory mechanical blanket license established by the Music Modernization Act (“MMA”). It directs the mechanical licensing collective (“MLC”) to make future royalty distributions in a manner consistent with this understanding of the Exception and to engage in a corrective royalty adjustment process to correct earlier overpayments that were made based on an erroneous understanding of the Exception. Finally, the rule addresses related notice and timing provisions and other matters relevant to identifying the proper payee to whom the MLC must distribute royalties.

Additional information is available on the rulemaking's webpage.