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1 S. 2823, Music Modernization Act 1 (September 17, 2018)

handle is hein.congrec/cbomusic0001 and id is 1 raw text is: 




                  CONGRESSIONAL BUDGET OFFICE
                               COST ESTIMATE

                                                       Revised September 17, 2018



                                    S. 2823
                           Music Modernization Act

      As reported by the Senate Committee on the Judiciary on September 12, 2018


SUMMARY

Under current law, a digital music provider (such as Spotify, Apple Music, or Pandora)
must pay the copyright owner a royalty fee to use a protected work of music. If it does
not otherwise have a voluntary license agreement with the copyright owner to use the
work, the music provider must file a notice of intent-on a song-by-song or record-by-
record basis-with the copyright owner or the U.S. Copyright Office when it seeks to use
any copyrighted digital musical work.

S. 2823 would eliminate notice-of-intent licensing for digital musical works and direct
the Copyright Office to designate a nonprofit entity-a mechanical licensing collective,
or MLC-to administer a new blanket-licensing system. Under such a license, a digital
music provider could use certain copyrighted musical works without filing a notice of
intent to do so. S. 2823 also would require the MLC to collect royalties from digital
music providers using the blanket license and distribute them to copyright owners.

CBO estimates that enacting S. 2823 would increase deficits by $47 million over the
2021-2028 period. That amount comprises an increase in direct spending of $222 million
and an increase in revenues of $175 million. In addition, CBO estimates that, over the
2019-2023 period, it would cost $1 million to implement the bill, subject to the
availability of appropriated funds.

Because enacting S. 2823 would affect direct spending and revenues, pay-as-you-go
procedures apply.

CBO estimates that enacting S. 2823 would not increase net direct spending by more than
$2.5 billion or on-budget deficits by more than $5 billion in any of the four consecutive
10-year periods beginning in 2029.

S. 2823 would impose intergovernmental mandates, as defined in the Unfunded
Mandates Reform Act (UMRA), in the form of preemptions of state laws, but CBO

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