Should Streaming Mechanical Licenses Be Eliminated? The Case for PRO-Led Music Royalties

Should Streaming Mechanical Licenses Be Eliminated? The Case for PRO-Led Music Royalties

By Marcus Delano Thompson

December 30, 2024 at 04:08 AM

Streaming mechanical licenses are causing significant challenges in music royalty payments, particularly affecting songwriters. Here's a detailed analysis of potential solutions to fix this complex system.

The Current Problem:

  • Spotify's bundling practices are negatively impacting mechanical royalties
  • Major publishers (controlling 70% of revenue-earning songs) remain protected
  • Songwriters are the primary victims of the current licensing scheme
  • Song rights revenue is capped at 20% of streaming revenue

Two Proposed Solutions:

  1. Eliminate Streaming Mechanical Royalties
  • Reclassify streaming rights as solely "public performance" rights
  • Transfer all licensing responsibilities to PROs (ASCAP, BMI, SESAC)
  • Enable direct payment flow to songwriters
  • Eliminate complicated mechanical licensing processes
  1. Implement Unified Arbitration
  • Create single hearing for all stakeholders (labels, publishers, songwriters)
  • Follow app store revenue model
  • Platform takes operating costs
  • Content owners split remaining revenue
  • Use arbitration panel for fair allocation

Boulder crushing damaged red car

Boulder crushing damaged red car

Key Benefits:

  • Streamlined royalty collection and distribution
  • Direct payments to songwriters
  • More transparent negotiation process
  • Reduced administrative complexity

Challenges:

  • Publishers may resist changes
  • Lack of unified songwriter representation
  • Complex legislative requirements
  • Industry stakeholder opposition

The Role of PROs:

  • ASCAP and BMI could serve as primary negotiators
  • PROs have established payment systems
  • Experience in rights management
  • Charter to protect songwriter interests

Implementation would require significant legislative changes and industry cooperation, but could create a more equitable streaming royalty system for all parties, especially songwriters.

NMPA music bundling image

NMPA music bundling image

Man wearing green shirt at screen

Man wearing green shirt at screen

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