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This book explores the transmission of copyrighted sound recordings
to the public by over-the-air AM/FM radio stations which is an
activity that implicates the right of public performance under the
Copyright Act. However, under current law, terrestrial radio
broadcasters who play copyrighted music need only compensate
songwriters for the performance of their musical compositions and
not the holders of the copyright in the sound recording. Sound
recording copyright holders assert that there is no justifiable
reason for the copyright law to treat sound recordings differently
from other categories of performable copyrighted works. They
maintain that recording artists deserve to be fairly compensated by
broadcast radio for public performance of their works just as
songwriters and music publishers are currently being paid for such
activity.
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