Periodic Review of The MLC’s Designation

In 2019, The MLC was designated by the Register of Copyrights to administer the blanket license. The Music Modernization Act (MMA) requires that the Register review that designation every five years. This page provides more information on this periodic review process.

How and when does the periodic review of designation begin?

The MMA requires the Register to initiate the periodic review of designation by publishing a notice in the Federal Register, soliciting information concerning whether the designation of The MLC should continue. This notice is to be published in the month of January every five years, beginning in 2024.

The full MMA provision for the periodic review of designation is 17 U.S.C. 115(d)(3)(B)(ii), which can be found here.

What are the criteria for designation?

The MMA establishes certain criteria that the entity seeking to be the mechanical licensing collective must meet in order to be designated. The MLC is the only entity that met all of these criteria during the original designation process in 2019.

The MMA states that the collective must be:

1. a nonprofit entity, not owned by any other entity, that is created by copyright owners to carry out responsibilities under this subsection;
2. endorsed by, and enjoys substantial support from, musical work copyright owners that together represent the greatest percentage of the licensor market for uses of such works in covered activities, as measured over the preceding three full calendar years; and
3. able to demonstrate to the Register that the entity has [or, in connection with initial designation in 2019, will have prior to the license availability date], the administrative and technological capabilities to perform the required functions of the mechanical licensing collective under 17 U.S.C. 115(d) and that is governed by a board of directors in accordance with subparagraph 17 U.S.C. 115(d)(3)(D)(i).

What happens during the periodic review process?

The Register issued its notice to begin the proceedings to review the designation of The MLC on January 30, 2024. The notice outlines the following timeline:

• On April 1, 2024, The MLC and Digital Licensee Coordinator (DLC) each filed a submission supporting the continuation of designation. You can read The MLC's initial submission here.
• On or before May 29, 2024, the public had the opportunity to file initial comments on The MLC and DLC's submissions. You can read those comments here.
• On or before June 28, 2024, the public had the opportunity to file replies to other initial comments. You can read those comments here.
• On July 29, 2024, The MLC and DLC each filed replies to the public comments. You can read The MLC’s final submission here.
  

The notice provides more details about the specific steps in the proceeding. In addition to receiving information about continuing The MLC’s designation, the Register is authorized to conduct additional proceedings as appropriate.

After concluding the proceedings, the Register will publish a decision in the Federal Register together with the reasons for such decision.

What are the possible outcomes of the periodic review process?

The Register can continue the designation of The MLC or make a new designation. The Register cannot change the provisions of the MMA, the structure of The MLC’s governance that is set forth in the MMA, or the blanket license royalty rates or terms.

What was the outcome of the first periodic review process? 

On June 3, 2026, the Register of Copyrights published a rule continuing The MLC’s designation as the statutory collective following the first periodic review of The MLC’s initial five-year designation, as required by the MMA. The rule also continued the designation of the DLC. You can read the final rule here.

What happens next? 

The MLC remains committed to working closely with the United States Copyright Office, the DLC, and stakeholders across the music industry to continue to fulfill its statutory responsibilities and serve songwriters, music publishers, and other rightsholders. The next periodic review of The MLC’s designation is expected to begin in January 2029.