Safe Harbor Cost the US Music Industry Up To $1B in Lost Royalties Per Year, Study Finds

An anonymous reader shares a report: For the first time, researchers have quantified the “value gap” and its impact on the US recorded music industry. A study published yesterday (March 29) by Washington, DC-based economy think tank the Phoenix Centre For Advanced Legal And Economic Public Policy Studies attempted to calculate how much revenue the recording industry loses from the distortions caused by the safe harbor provisions. Entitled Safe Harbors And The Evolution of Music Retailing, the study was conducted by T. Randolph Beard, George S. Ford and Michael Stern who applied “accepted economic modelling techniques” to simulate revenue effects from royalty rate changes on YouTube. It showed that if YouTube were to pay the recorded music industry market rates, similar to what other streaming services pay, its economic contributions to the sector would be significantly bigger. The premises used by the Phoenix Centre economists was that, according to the music recording industry, YouTube evades paying market rates for the use of copyrighted content by exploiting the Digital Millennium Copyright Act’s “safe harbor” provisions, which allow to post creative content online in good faith and remove it if rights holders so require. Using 2015 data, the Phoenix Centre found that “a plausible royalty rate increase could produce increased royalty revenues in the US of $650 million to over one billion dollars a year.”


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