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Page Number

75

Abstract

“Music metadata” is virtually any of type of content electronically embedded in a digital audio file and may include information that identifies various rightsholders of a copyrightable sound recording, such as producer(s) and performer(s). A standardized system for music metadata does not exist, and instead music industry stakeholders devote significant resources to maintain redundant and incongruent databases. As a result, licensees expend significant effort in tracking copyright holders and licensors risk inadequate protection and potential loss of royalties. Music metadata overlaps with copyright management information (CMI), which is information conveyed with a copyrighted work. For example, music metadata includes information about a song such as song title, artist name, and copyright owner, which are all forms of CMI as defined in section 1202(c) of the DMCA. However, the definition of CMI is not tailored to music or sound recordings. As a result, the majority of case law interpreting CMI is in the context of pictorial works such as photographs and drawings. This Article proposes an amendment to section 1202 of the Digital Millennium Copyright Act (DMCA), which protects CMI from falsification, removal, or alteration. The draft legislation seeks to amend section 1202 so that artists can reasonably assert claims against those who willfully falsify, remove, or alter CMI from their digital audio file metadata. The proposed legislation asserts three major principles for regulation: 1) CMI standards for sound recordings in the format of digital audio files; 2) rebuttable presumption of defendant’s knowledge and intent under section 1202(a) and 1202(b); 3) registration of payment, ownership, and descriptive metadata for sound recordings with the U.S. Copyright Office.

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