The Digital Performance Right in Sound Recordings Act of 1995 (DPRA) is a United States Copyright law that grants owners of a copyright in sound recordings an exclusive right “to perform the copyrighted work publicly by means of a digital audio transmission.”[1] The DPRA was enacted in response to the absence of a performance right for sound recordings in the Copyright Act of 1976 and a fear that digital technology would stand in for sales of physical records.
[3] The Digital Millennium Copyright Act (DMCA), enacted in 1998, modified the DPRA.
[4] First, non-subscription broadcast transmissions are exempt from requirements to pay license fees.
Second, non-interactive Internet transmissions are required to pay a statutory license established by the Copyright Board.
Third, Interactive Internet transmission services are required to negotiate a license agreement with the copyright holder.