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