Music Modernization and the Labyrinth of Streaming

The shift from record sales to music streaming has revolutionized the music industry. The federal copyright regime, which is rooted in a system of economic rewards based largely on sales, has been slow to adapt. This has impaired the ability of copyright law to channel appropriate royalties to songwriters, music publishers, and recording artists when the streaming of their works displaces record sales. The Orrin G. Hatch-Bob Goowwwatte Music Modernization Act of 2018 addresses some of the most significant flaws in the current system.

At the same time, it creates significant ambiguities and leaves some existing issues unresolved.