Is the MMA Unconstitutional?
MMA Constitutionality
A new lawsuit by Eminem’s music publisher has introduced a constitutional challenge to the Music Modernization Act (MMA), alleging that the statute allows streaming services to avoid paying royalties. The case raises significant questions about copyright licensing, compensation, and the limits of federal copyright legislation in the digital streaming era.
Eminem’s Publisher Challenges the MMA’s Constitutionality — Eight Mile Style filed a federal copyright infringement lawsuit against Spotify, alleging that the streaming platform failed to secure proper licenses before streaming Eminem’s music billions of times. While litigation against streaming services is not new, this case is notable because it directly challenges the MMA as unconstitutional, despite the law’s broad support within the music industry when it was enacted to modernize copyright protections for digital streaming.
The “Copyright Control” Provision Is Central to the Dispute — Before the MMA, streaming services argued that the absence of a centralized database made it difficult to identify and pay rights holders. Eight Mile Style alleges that Spotify exploited the MMA’s “copyright control” provision by listing Eminem’s songs as having no known owner, thereby avoiding royalty payments. According to the complaint, this use of the provision contradicts its intended purpose, which was meant to address public domain works or genuinely orphaned copyrights.
Fifth Amendment Takings Concerns Could Reshape Music Licensing — Eight Mile Style argues that the MMA’s copyright control loophole violates the Fifth Amendment’s Takings Clause by allowing private property to be used without just compensation. If courts agree, the ruling could have far-reaching implications for streaming platforms and copyright enforcement. Even if the case settles, the constitutional arguments raised may influence future litigation and legislative reform in the music industry.
For more information, see our blog post Is the MMA Unconstitutional? Eminem’s Publisher Sues Spotify.
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