Copyright Term Extension and Music Licensing: Analysis of Sonny Bono Copyright Term Extension Act and Fairness in Music Licensing Act, P.L. 105-298

Publication Date: October 1998

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Law and ethics

Type:

Abstract:

P.L. 105-298, extends the term of copyright protection by an additional 20 years and makes two major reforms in music licensing practices. Title I of the Public Law is also known as the Sonny Bono Copyright Term Extension Act. In addition to term extension, Title I creates a new termination right during the 20-year added period and grants libraries and nonprofit educational institutions an exemption to reproduce works that are not commercially exploited and are not available at a reasonable price during the 20-year added period. Title II of the Public Law is also known as the Fairness in Music Licensing Act. This Title expands the exemption from the music performing right for businesses playing music by turning on radios and televisions in public places, and requires local judicial review of the licensing rates set by the performing rights societies that license the performance of nondramatic music. This report explains the provisions of PL 105-298, reviews key aspects of the legislative history and notes changes from prior law.