With the advancement of digital broadcasting technologies, the lack of a revision to copyright law has created a creative and distribution bottleneck for artists by companies. The current range for compulsory licensing agreements does not protect the interests of artists through modern digital transmission tools, and leaves them fending for themselves if they wish to have access to new digital platforms. Moreover organizations, such as the Recording Industry Association of America, are in greater positions of power when applying existing copyright laws and definitions to new technologies that innovators never intended to be analogous to pre-existing technologies to begin with. After extensive studies, Director Maria Pallante of the U.S. Copyright Office has given her recommendations for change, but it may be a while before copyright law revisions may be enacted. This paper will highlight the background of copyright and digital broadcasting laws and review Director’s Pallante’s vision as it pertains to the digital audio broadcasting landscape now and in the future.
Christopher Doval, Don Anque, & Maesea McCalpin, The Next Great Copyright Act and the Future of Radio, 14 J. Marshall Rev. Intell. Prop. L. 378 (2015)