Piano Regulatory Frameworks & Compliance 5 — Questions and Answers
Question 1: A pianist streams a copyrighted piano piece live on Twitch. Which license does the streaming platform need to have in place?
- Mechanical license
- Master use license
- Public performance license (Correct answer)
- Synchronization license
Correct answer: Public performance license
Live streaming of copyrighted music constitutes a public performance, requiring a performance license from a PRO.
Question 2: Which US government body adjudicates disputes over statutory royalty rates for music, including mechanical rates?
- Federal Communications Commission (FCC)
- Copyright Royalty Board (CRB) (Correct answer)
- Library of Congress directly
- Department of Justice
Correct answer: Copyright Royalty Board (CRB)
The Copyright Royalty Board (CRB) is a three-judge panel that sets statutory rates and terms for compulsory licenses.
Question 3: When can a musician legally sample another artist's recorded piano performance without obtaining a master license?
- If the sample is under 3 seconds
- If the song is credited
- When the original recording is in the public domain (Correct answer)
- If used in a nonprofit context
Correct answer: When the original recording is in the public domain
A master license is not needed if the original sound recording is in the public domain, as no one holds exclusive rights to it.
Question 4: Under the Music Modernization Act (MMA) of 2018, which new entity was created to administer mechanical licensing for digital streaming?
- SoundExchange
- The Mechanical Licensing Collective (MLC) (Correct answer)
- SESAC Digital
- NMPA Streaming Hub
Correct answer: The Mechanical Licensing Collective (MLC)
The MMA established the Mechanical Licensing Collective (MLC) to issue blanket mechanical licenses and distribute royalties to publishers and songwriters.
Question 5: A piano performance at a private party of 30 close friends is considered:
- A public performance requiring a license
- A private performance not requiring a public performance license (Correct answer)
- An infringing use unless the composer is credited
- Regulated by state law only
Correct answer: A private performance not requiring a public performance license
Copyright law's public performance requirement does not apply to small, private, non-commercial gatherings.
Question 6: Which of the following best describes a 'blanket license' from a PRO?
- A license that covers one specific song forever
- A single license granting access to the entire PRO catalog for a fee (Correct answer)
- A license requiring individual song approval
- A free license for educational institutions
Correct answer: A single license granting access to the entire PRO catalog for a fee
A blanket license grants access to perform any song in a PRO's entire repertoire for a single negotiated fee.
Question 7: Which right allows a pianist to create an arrangement of a public domain composition and claim copyright in the new arrangement?
- Derivative work right (Correct answer)
- Performance right
- Reproduction right
- Distribution right
Correct answer: Derivative work right
Creating an arrangement constitutes a derivative work, and sufficient original creative contribution in that arrangement can be protected by copyright.
A pianist streams a copyrighted piano piece live on Twitch.
Which license does the streaming platform need to have in place?