Issues Related to Performing Rights Organizations

Comment Submission


The U.S. Copyright Office published a Notice of Inquiry (NOI) collecting information regarding issues related to performance rights organizations (PROs). It is initiating this inquiry at Congress’s request to gather comments on the recent increase in the number of PROs and their licensing revenue distribution practices.


Background

Musical work copyright owners (e.g., songwriters or music publishers) have long enjoyed the exclusive right to perform their works publicly. The variety of contexts where these works are performed and the number of works being performed, however, create practical challenges with licensing this right. PROs were formed to offer collective or blanket licenses to address these challenges. Such licenses have proven more efficient for businesses, songwriters, and publishers when compared to song-by-song licensing and enforcement.


Other challenges related to these licenses remain. The number of PROs in the United States has expanded in recent years, potentially undermining licensing efficiencies. Further, PROs do not all disclose comprehensive information concerning the works that are covered by their licenses, and their royalty distribution practices and policies.


Congressional Request

In September 2024, members of Congress relayed to the Office their concerns over the increase in the number of PROs and PROs’ licensing revenue distribution practices and asked the Office to gather information regarding these issues. The NOI solicits public input on these topics and related questions to assist in their further consideration.


Initial public comments are due April 11, 2025, and reply comments are due May 27, 2025.