Should Streaming Mechanical Rights Be Eliminated? The Case for Simplifying Music Licensing Through PROs
The streaming music industry needs a major overhaul in how mechanical royalties are handled, with songwriters currently getting the short end of the stick. Here's a detailed analysis of potential solutions:
Current Problems:
- Songwriters suffer from inequitable streaming licensing schemes
- Song rights revenue is capped at 20% of streaming revenue
- Direct licensing of mechanicals isn't a viable solution
- Multiple disconnected negotiations complicate the process
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Two Proposed Solutions:
- Eliminate Streaming Mechanical Royalties:
- Classify streaming as solely a "public performance" right
- Have PROs (ASCAP, BMI, etc.) handle all negotiations and payments
- Enable direct payment flow to songwriters
- Remove mechanical royalty fiction that benefits publishers
- Unified Arbitration System:
- Create single hearing for all stakeholders
- Follow app store revenue model
- Set platform percentage first
- Let content owners split remaining revenue
- Use federal arbitration panel
Benefits of Reform:
- Streamlined payment systems
- Direct songwriter compensation
- More equitable revenue distribution
- Simplified licensing process
- Reduced administrative costs
The Role of PROs:
- ASCAP and BMI should represent songwriter interests
- PROs have necessary experience and funding
- Need to prioritize songwriter advocacy over publisher interests
NMPA music bundling image
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Currently, publishers benefit from the mechanical royalty system while songwriters struggle. Reform through either eliminating streaming mechanicals or implementing unified arbitration could create a more equitable system for all parties involved.