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Fractional versus Full-Work Licensing: The Case of Performance Rights Organizations

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Abstract

Closing a review of the antitrust consent decrees governing the organizations collecting public performance royalties on behalf of songwriters and publishers, the US Department of Justice noted that the decrees require the organizations to grant licensees full rights to use their repertories, rather than fractional rights that would require the licensees to obtain licenses from multiple organizations. This paper investigates the effect of the proposed switch from fractional to full-work licensing on the licensing equilibrium. It is found that under certain conditions licensing fees would decrease, but some music users may choose to obtain only a single license under full-work licensing.

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