… The Article argues that this shift away from policy-focused compulsory licensing prevents the regime from maintaining balance in the copyright system, a problem that is especially apparent in the experience of the burgeoning music streaming industry. In particular, a copyright policy-based approach is necessary to prevent the subjectivity and manipulability of market-mimicking rate-setting standards from yielding royalty rates that are unworkable for streaming services. Although the MMA has pushed the existing regime even further away from its original role by implementing a market-focused rate-setting standard, the Article suggests how regulators could still further copyright policy goals in future rate-setting proceedings.
Victor, Jacob, Reconceptualizing Compulsory Copyright Licenses (May 31, 2019). 72 Stanford Law Review (2020, forthcoming).