Hastings Communications and Entertainment Law Journal


Joel L. McKuin


This Article focuses on the inadequate protection afforded music creators from unauthorized noncommercial home taping of sound recordings. The widespread practice of unauthorized home taping has harmed both the recording industry and society. In an attempt to rectify the problem, Congress enacted the Audio Home Recording Act of 1992 (AHRA). The author argues, however, that AHRA provides record producers with insufficient protection from home copying. This Article addresses the shortcomings of AHRA: (1) the lack of royalties for analog home taping and (2) the lack of performance rights in sound recordings for copyright owners and music performers. It further indicates that the damage caused by the lack of these two elements will only be exacerbated by new digital recording formats as well as other emerging technological advancements. Therefore, the author concludes that AHRA must provide for both analog home taping royalties and performance rights in sound recordings to adequately protect the recording industry.