Copyright Office Opens Inquiry Into U.S. PROs
Written by djfrosty on February 10, 2025
The U.S. Copyright Office posted a notice of inquiry on Monday (Feb. 10) in the Federal Registrar, requesting more information about issues related to American-based performance rights organizations (PROs).
More specifically, the Copyright Office is requesting public comment on “factors that may be contributing to the formation of new PROs”; whether there have been “increased financial and administrative costs imposed on licensees associated with paying royalties to additional PROs”; and “how to improve clarity and certainty for entities seeking to obtain licenses from PROs.”
The inquiry is a response to the House Judiciary Committee’s letter to the Register of Copyrights, Shira Perlmutter, six months ago, which requested an examination of “concerns” and “emerging” issues in the PRO sector. The letter was signed by the committee’s chairmen, Rep. Jim Jordan and Rep. Darrell Issa, and member Rep. Scott Fitzgerald.
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“It is difficult to assess how efficiently PROs are distributing general licensing revenue based on publicly available data,” the letter read. “For example, it is difficult to determine how accurately lesser known and independent artists as well as smaller publishers are being compensated compared to widely popular artists and major publishers.”
The letter added: “Licensees [like bars, venues, restaurants and small businesses] have reported receiving demands for royalties from new entities claiming to represent songwriters… Licensees are concerned that the proliferation of PROs represents an ever-present danger of infringement allegations and potential litigation risk from new and unknown sources.”
The Copyright Office’s notice of inquiry addressed this so-called “proliferation” of PROs as well, noting that for decades, ASCAP, BMI and the smaller SESAC were the only PROs in the U.S. However, in the last dozen years, this market has doubled in size with the introduction of Global Music Rights (or “GMR”) in 2013, PRO Music Rights in 2018 and AllTrack in 2019.
Around the world, most other countries only have one PRO representing all local rights holders’ interests — many also handle mechanical (or reproduction) rights as well — making the U.S. an especially unique and complex market for licensees.
Written comments concerning these matters must be turned in to the Copyright Office by April 11. After that, there will be a “reply comment” period that has a submission deadline of May 7.