First and foremost, the problem with the CRB adopting the purported settlement as the law of the land is the appearance of the bootstrapping of a private deal among apparently related parties and the controlled opposition into rates and terms that apply to all songwriters in the world.
“I do believe that the intellectual property that you create is just that. It’s property and you ought to be protected in the property that you create and that we all enjoy.”
Senator John Cornyn, U.S. Senate Committee on the Judiciary, May 15, 2018.
Unlike the CLASSICS Act and the approach recommended by the Copyright Office, the ACCESS to Recordings Act falls far short of Constitutional requirements and would likely open the federal government up to liability for takings claims.