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.”
[17 U.S.C. § 106(6)] 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
The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or ...
(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 are exempt from requirements to pay
license fees. 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
The Digital Millennium Copyright Act (DMCA) is a 1998 United States copyright law that implements two 1996 treaties of the World Intellectual Property Organization (WIPO). It criminalizes production and dissemination of technology, devices, or ...
modified the requirement and framework for the statutory license.
Criticism
While the DPRA expanded the sound recording’s
performance right
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 (with the royalties generally split 50/50 between the two). Performances are considered "pu ...
, 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
webcasters, 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.
References
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United States copyright law