Digital Performance Right in Sound Recordings Act
Encyclopedia
The Digital Performance Right in Sound Recordings Act of 1995 (DPRA) is a United States Copyright law that grants owners of a copyright in sound recordings an exclusive right “to perform
the copyrighted work publicly by means of a digital audio transmission.” The DPRA was enacted in response to the absence of a performance right for sound recordings in the Copyright Act of 1976
and a fear that digital technology would stand in for sales of physical records. The performance right for sound recordings under the DPRA is limited to transmissions over a digital transmission, so it is not as expansive as the performance right for other types of copyrighted works. The Digital Millennium Copyright Act
(DMCA), enacted in 1998, modified the DPRA.
. Second, non-interactive Internet transmissions are required to pay a statutory license
established by the Copyright Board
. Third, Interactive Internet transmission services are required to negotiate a license agreement with the copyright holder.
The DMCA modified the requirement and framework for the statutory license.
, since the three-tiered system places a higher burden on the interactive Internet transmission services. Both sides have criticized the convoluted structure of the DPRA.
Performing rights
Performing rights are the right to perform music in public. It is part of copyright law and demands payment to the music’s composer/lyricist and publisher . Public performance means that a musician or group who is not the copyright holder is performing a piece of music live, as opposed to the...
the copyrighted work publicly by means of a digital audio transmission.” The DPRA was enacted in response to the absence of a performance right for sound recordings in the Copyright Act of 1976
Copyright Act of 1976
The Copyright Act of 1976 is a United States copyright law and remains the primary basis of copyright law in the United States, as amended by several later enacted copyright provisions...
and a fear that digital technology would stand in for sales of physical records. The performance right for sound recordings under the DPRA is limited to transmissions over a digital transmission, so it is not as expansive as the performance right for other types of copyrighted works. The Digital Millennium Copyright Act
Digital Millennium Copyright Act
The Digital Millennium Copyright Act is a United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization . It criminalizes production and dissemination of technology, devices, or services intended to circumvent measures that control access to...
(DMCA), enacted in 1998, modified the DPRA.
Three-tier System
The DPRA categorizes services under three tiers, based on the service’s potential impact on record sales. First, non-subscription broadcast transmissions exempt from requirements to pay license feesLicense
The verb license or grant licence means to give permission. The noun license or licence refers to that permission as well as to the document recording that permission.A license may be granted by a party to another party as an element of an agreement...
. Second, non-interactive Internet transmissions are required to pay a statutory license
Compulsory license
A compulsory license, also known as statutory license or mandatory collective management, provides that the owner of a patent or copyright licenses the use of their rights against payment either set by law or determined through some form of arbitration.- Copyright law :In a number of countries...
established by the Copyright Board
Copyright Royalty Board
The Copyright Royalty Board is a U.S. system of three Copyright Royalty Judges who determine rates and terms for copyright statutory licenses and make determinations on distribution of statutory license royalties collected by the United States Copyright Office of the Library of Congress...
. Third, Interactive Internet transmission services are required to negotiate a license agreement with the copyright holder.
The DMCA modified the requirement and framework for the statutory license.
Criticism
While the DPRA expanded the sound recording’s performance right, performers have still criticized the DPRA’s comparative inequity because composers still have a much wider performance right than performers. Broadcast services have criticized the DPRA’s burden on webcastersWebcast
A webcast is a media presentation distributed over the Internet using streaming media technology to distribute a single content source to many simultaneous listeners/viewers. A webcast may either be distributed live or on demand...
, since the three-tiered system places a higher burden on the interactive Internet transmission services. Both sides have criticized the convoluted structure of the DPRA.