About: Statutory license of musical compositions

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The mechanical license was established in the 1909 Copyright Act as the first compulsory license in U.S. copyright law. Congress created the license because it wanted to make musical compositions available for public use, prevent monopoly, and at the same time ensure that compensation is provided to copyright owners.

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rdfs:label	Statutory license of musical compositions
rdfs:comment	The mechanical license was established in the 1909 Copyright Act as the first compulsory license in U.S. copyright law. Congress created the license because it wanted to make musical compositions available for public use, prevent monopoly, and at the same time ensure that compensation is provided to copyright owners.
dcterms:subject	Music Copyright Legislation-U.S.-Federal Legislation Legislation-U.S.-Copyright
abstract	The mechanical license was established in the 1909 Copyright Act as the first compulsory license in U.S. copyright law. Congress created the license because it wanted to make musical compositions available for public use, prevent monopoly, and at the same time ensure that compensation is provided to copyright owners. The first mechanical license was established in response to the 1908 U.S. Supreme Court holding in White-Smith Music Publishing Co. v. Apollo Co. The Court decided that piano rolls were not considered 'copies' of a musical work because they did not contain a system of notation that could be read. Instead, the Court held they were merely mechanical reproductions made for the purpose of performing music. This decision prompted Congress to extend copyright protection to include the right to make mechanical devices which embody the musical work. However, Congress was concerned that extending the right of reproduction to include mechanical devices like piano rolls would enable a cartel of music publishers to exercise monopoly power over the recording of music to the possible detriment of the copyright owners of the musical work. To ensure a balance, Congress created the first compulsory license in 1909 to allow anyone to "cover" (i.e., make a new recording of) the musical work once a copyright owner made or authorized a recording of his or her musical work, as long as the licensee adhered to the terms of the license and paid the established royalty to the copyright owner. Although originally enacted to address the reproduction of musical compositions on perforated player piano rolls, the statutory license has for most of the past century been used primarily for the making and distribution of phonorecords and, more recently, for the digital delivery of music online.

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