Issue 300 -November 3, 2006

Register of Copyrights Responds on Question of Preexisting Subscription Services

The Copyright Royalty Board, acting pursuant to statute, referred a novel question of law to the Register of Copyrights concerning the designation of certain digital subscription music services as preexisting subscription services. Specifically, the Copyright Royalty Board requested a decision by the Register regarding whether the universe of preexisting subscription services was limited to three specific services. The Register transmitted a Memorandum Opinion to the Copyright Royalty Board confirming that only three music services qualify as a preexisting subscription service for purposes of performing a sound recording publicly by means of a subscription digital audio transmission pursuant to a statutory license. (Read further information.)