National Music Publishers' Association President David Israelite wrote to Senate Judiciary Committee members on the eve of a Tuesday hearing on music royalties in the digital age, reinforcing a distinction that his group has made on multiple occasions -- that "performing" and "distributing" are two distinct rights granted to a copyright owner. As such, they require two distinct licenses, he said in the Monday letter.
"Congress must make it clear that any service distributing digital copies must obtain a Section 115 license for the reproduction and distribution of the musical work and compensate songwriters and music publishers," Israelite stated. Platforms like HD and satellite radio should be able to thrive and expand, but not at the expense of the creators of music, he said.
Sen. Dianne Feinstein, D-Calif., who will preside at the hearing, introduced a bill early in this Congress requiring satellite, cable and Internet broadcasters to pay fair market value for the performance of digital music -- while mandating the use of piracy prevention technologies. Her bill strikes the right balance, Israelite added.
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