On the recordSeptember 26, 2018
Mr. President, I wish to enter a few remarks into the Record regarding section 103(a) of the Music Modernization Act, which the Senate recently passed. By striking current sections 114(f)(1) and (2) of title 17 and substituting a new section 114(f)(1) based on current section 114(f)(2), section 103(a) of the bill creates a uniform ``willing buyer/willing seller'' rate standard in section 114. This fair standard requires that performing artists and copyright owners be appropriately compensated for the use of their works under the statutory license because rates under this standard are to be set at a level that best approximates the rates that artists and copyright owners would have been able to negotiate in a free market. It has long been a goal of Congress to move toward a free market standard for the statutory license and to move away from the 801(b) standard that permits the copyright royalty judges to set a nonmarket rate for satellite digital audio radio services, (SDARS), and preexisting subscription services, (PSS). Discounted nonmarket rates harm artists and copyright owners, as well as the competitors of SDARS and PSS. As a transitional matter, however, the bill amends section 804(b)(3)(B) of the Copyright Act to continue, through 2027, 2018-2022 statutory royalty rates for PSS that are finally determined in the rate proceeding currently pending before the copyright royalty judges.…





