Get a quid-pro-quo (Score 1)

Phonograms were originally considered merely an alternate form of musical notation, such as a MIDI sequence could be thought of today. This was because the first phonograms were piano rolls, which indeed were little other than an alternative form of notation. Hence the 1909 Copyright Act did not consider them copyrightable separately from the underlying music. Recording technology quickly made this view obsolete, but it took decades for the law to catch up. This is why there is no public performance right in most sound recordings.

Creating a public performance right in all sound recordings would make the statute more consistent. But we shouldn't let the robber barons get something for nothing. The new right would be an expansion in the scope of copyright. The quid-pro-quo should be a contraction in copyright's scope elsewhere (such as an expanded margin of fair use) or a reduction in the duration of copyright, from life-plus-70 down to life-plus-60 or life-plus-50.