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In the United States and in most foreign countries, the “performance right” is one of the most important rights of copyright and, in many cases, the most lucrative. In the United States, there is no statutory license under the Copyright Act for this right. Songwriters, composers, lyricists (jointly “writers”) and music publishers join these organizations, which in turn negotiate licenses with the users of music, collect the license fees from those users and distribute the monies to writers and publishers based on surveys of performances, specific payment schedules and distribution rules, as well as other factors.
This article is Part Two of a two-part article. Part One appeared in our March 2023 issue (see, https://bit.ly/3ZcchD7).
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By Stan Soocher
To the public, a band typically is defined as its performing members, not a business entity that may control the music group. But when it comes to royalty rights, are the performers or the business entity entitled to “featured artist” statutory royalties from digital transmissions of the band’s sound recordings?
Major Labels File Lawsuits Over AI Companies’ Alleged Copying of ‘World’s Most Popular’ Recordings
By Jane Wester
Major record labels including Capitol Records and Sony Music Entertainment sued two music-focused generative artificial intelligence companies, accusing them of “willful copyright infringement on an almost unimaginable scale.”
Hope for ‘Spotify Model’ for Licensing Content for AI
By Mason Lawlor
A “Spotify model” of licensing, regulation and royalties could be the answer to the recent slew of lawsuits and future litigation relating to generative artificial intelligence defined by rampant misappropriation of name, image and likeness of individuals, including high-profile celebrities.
By Entertainment Law & Finance Staff
Notable recent court filings in entertainment law.