Mechanical Licensing Before and After the Music Modernization Act

Abstract

The Music Modernization Act (MMA), signed into law in the United States on October 11, 2018, made significant changes to digital music licensing. The act was an omnibus act, combining three previously introduced bills. One of those bills, referred to as the Musical Works Modernization Act (MWMA), focused on the mechanical licensing process. This paper explains the foundational elements of mechanical licensing, including what a mechanical license is, how it is obtained, and who is responsible for obtaining one. It also explores the ways that the MWMA has modified the availability of the compulsory license and created a blanket licensing approach. Finally, it presents several open questions which must be addressed before the new Mechanical Licensing Collective (MLC) can become operational.