Using all of the materials we covered in class, the articles distributed with this Artifact, and other
credible resources found via Internet searches, please analyze the following passage and write a
three (3) page essay – not short answers – in response to the points listed below.
As live music concerts, DJ performances, and music festivals have been cancelled
during the pandemic, many artists and DJs turned increasingly to broadcasting
musical performances via “live streams” on various technology platforms such as
Instagram, Facebook, YouTube, Twitch, Beatport, and Mixcloud. As we have
discussed throughout the semester, as new technologies develop and the manner
in which we consume and interact with music changes, legal issues need to be
considered and addressed. The emergence of livestreaming into the mainstream
is no exception.
Address the following points in your essay. You may want to consider in your discussion of
each point, the articles listed below each number (as well as the other distributed articles, and
other resources).
- Discuss the various intellectual property issues that a musical performer should consider before
live streaming.
Articles: “Legal Ins and Outs of Live Streaming in Public”; “The Legal Underbelly of Livestreaming
Concerts” - (a) Name and describe all the music rights that would be necessary for an artist to perform
renditions of cover songs (musical compositions written by another artist) for an audio-only
broadcast as a “live stream”.
(b) Name and describe what additional music rights would be required if that “live stream”
broadcast is then able to be stored on the platform as a more static video with the ability to be
later streamed on-demand.
(c) Describe how your answer to 2(b) would be modified if the performance was not audio-only
but an audio-visual broadcast that could be later streamed on-demand.
Articles: “Social Distance And Livestreams: Protecting Music Copyright”; “The Legal Underbelly
of Livestreaming Concerts” - In addition to the above, name and describe the additional music right(s) necessary for a DJ to
perform sound recordings of other artists’ records for an audio-only broadcast as a “live stream”.
Also, describe from whom such right(s) would be obtained and why the additional right(s) would
not be required when an artist performs cover songs via “live streaming”.
Articles: “Social Distance And Livestreams: Protecting Music Copyright”; “The Legal Underbelly
of Livestreaming Concerts” - Explain why artists and DJs may not have their “live streams” taken down from platforms like
Facebook when the artists and DJs themselves have not obtained the necessary rights.
Articles: Coronaraving: The Business Implications Behind All Those Livestreamed DJ Sets;
Playing Music on Twitch: What Are The Rules?; Let’s Take A Minute To Talk About Music For
Live Streaming. - The Mechanical Licensing Collective (MLC) became effective on January 1, 2021, describe:
(a) the rights and type of license that platforms like Beatport and Mixcloud may be able to obtain
through the MLC for “on demand” audio-only streams of earlier recorded “live streams”, (b) how
the licensing process will become more efficient, and (c) how this will reduce the platforms’ liability.
Podcast: Music Licensing After the Music Modernization Act - Describe the business model that is being implemented by Twitch and Mixcloud to allow the
artists and DJs to lawfully distribute and monetize audio-only and audio-visual “live streaming” of
sound recordings and musical compositions. Detail how this model may evolve in order for all
parties such as live streaming performers, rightsholders, and platforms to efficiently license atscale and maximize revenue.
Articles: Can Livestreaming Really Help Musicians Struck By the Pandemic’s Fallout?; Playing
Music on Twitch: What Are The Rules?; Let’s Take A Minute to Talk About Music for Live
Streaming; Mixcloud Pro; Mixcloud Launches LIVE Streaming; Mixcloud Announce New Live
Streaming Video Platform; Mixcloud’s New Live Streaming Platform Is a Game Changer For DJs
- Here’s Why
