Digital Audio Transmission Right

Definition

The digital audio transmission right is a copyright-related exclusive right that grants the copyright holder the ability to control the digital transmission of their copyrighted audio works. This right is particularly important in the context of online streaming and distribution of music and other audio content.

5 Must Know Facts For Your Next Test

1. The digital audio transmission right was established in the 1995 Digital Performance Right in Sound Recordings Act and expanded in the 1998 Digital Millennium Copyright Act.
2. This right allows copyright holders to control the digital transmission of their audio works, including through online streaming and downloads.
3. The digital audio transmission right applies to both interactive (on-demand) and non-interactive (radio-like) digital audio transmissions.
4. Exceptions to the digital audio transmission right include certain non-commercial transmissions and transmissions made by eligible small webcasters.
5. The term of the digital audio transmission right is the same as the general copyright term, which is the life of the author plus 70 years.

Review Questions

• Explain the purpose and significance of the digital audio transmission right in the context of copyright law.
  • The digital audio transmission right is a crucial copyright-related exclusive right that allows copyright holders to control the digital distribution and streaming of their audio works. This right was established in response to the growth of online music platforms and digital distribution, ensuring that copyright holders can maintain control and receive compensation for the use of their works in the digital environment. The digital audio transmission right is significant because it helps copyright holders adapt to technological changes and ensure the continued viability of the music industry in the digital age.
• Describe the key exceptions and limitations to the digital audio transmission right, and discuss how they balance the interests of copyright holders and the public.
  • The digital audio transmission right is subject to several exceptions and limitations, which aim to balance the interests of copyright holders and the public. For example, the Digital Millennium Copyright Act includes exceptions for certain non-commercial transmissions and transmissions made by eligible small webcasters, allowing for some use of copyrighted audio works without the copyright holder's permission. Additionally, the digital first sale doctrine limits the digital audio transmission right by allowing the resale of lawfully obtained digital audio works without the copyright holder's consent. These exceptions and limitations ensure that the public can still access and use copyrighted audio works in certain contexts, while still preserving the core rights of copyright holders to control the digital distribution of their works.
• Analyze the relationship between the digital audio transmission right and the public performance right, and explain how they work together to protect the interests of copyright holders in the digital landscape.
  • The digital audio transmission right and the public performance right are closely related and work in tandem to protect the interests of copyright holders in the digital landscape. The public performance right grants copyright holders the exclusive right to control the public performance of their works, including through digital audio transmissions. The digital audio transmission right, on the other hand, specifically addresses the unique challenges and opportunities presented by digital distribution and streaming of audio content. Together, these two rights ensure that copyright holders can maintain control and receive compensation for the use of their works, whether through traditional public performances or through new digital distribution channels. This comprehensive approach to copyright protection helps to sustain the music industry and incentivize the creation of new creative works in the digital age.

Related terms

Public Performance Right: The exclusive right granted to copyright holders to control the public performance of their works, including through digital audio transmissions.

Digital Millennium Copyright Act (DMCA): Legislation that, among other things, established the digital audio transmission right and provided guidelines for its application in the digital age.

Digital First Sale Doctrine: A legal principle that limits the digital audio transmission right by allowing the resale of lawfully obtained digital audio works without the copyright holder's permission.