COPYCENSE

"At its inception, the compulsory license facilitated the availability of music to the listening public. However, the evolution of technology and business practices has eroded the effectiveness of this provision. Despite several attempts to amend the compulsory license and the Copyright Office’s regulations, the use of the section 115 compulsory license, other than as a de facto ceiling on privately negotiated rates, has remained at an almost non-existent level.

"There is no debate that section 115 needs to be reformed to ensure that the United States’ vibrant music industry can continue to flourish in the digital age. Because section 115 and its predecessor have rarely been used as functioning compulsory licenses and have served simply as a ceiling on the royalty rate in privately negotiated licenses, it has placed artificial limits on the free marketplace."

Marybeth Peters. Statement of Marybeth Peters, The Register of Copyrights Before the U.S. Senate Committee on the Judiciary: Music Licensing Reform. U.S. Copyright Office. July 12, 2005.

See also:

Marybeth Peters. Statement of Marybeth Peters, The Register of Copyrights Before the U.S. House of Representatives Committee on the Judiciary. U.S. Copyright Office. June 21, 2005.

Marybeth Peters. Register’s Testimony on Music Licensing Reform before the House Committee on the Judiciary: Music Licensing Reform. (Real Audio) U.S. Copyright Office. June 21, 2005.