The Music Modernization Act, passed in 2018, offers added momentum to a budding reconceptualization of intellectual property rights. First triggered by Oil States Energy Services, LLC v Greene’s Energy Group LLC, the US Supreme Court effectively ‘rebundled’ patent rights into two separate bundles: private rights and public rights. Included as a public right, notably, is an inventor’s right to exclusively own the invention he patents. While the effects have yet to fully come to fruition, there has been overlap into other intellectual property realms, particularly copyright law. Now, the MMA (and subsequent litigation involving the MMA) could impose the same ‘rebundling’ reconceptualization on copyright law.
Pangle, Matthew and Cotropia, Christopher Anthony, Can IP Rights Be Reconceived Via Music Modernization Act? (April 21, 2020). Law360 Expert Analysis, 2020.