[One of the problems that The MLC will encounter is matching songs to transaction data from the “safe harbor services” using the blanket licenses and enjoying the reach back safe harbor giveaway in the Music Modernization Act. There are different ways to do this, but it appears that The MLC wants to gather sound recording metadata (like the ISRC unique identifiers) and then map the songs to the sound recordings based on sound recording information from the services. This is hardly an authoritative basis to determine sound recordings, but that appears to be what The MLC intends to do. SoundExchange is the authoritative source for this information and they’ve been assembling that data for many, many years. This except from SoundExchange’s comment to the Copyright Office sheds light on the issues. Again, you’ll rarely find any of the issues in these Copyright Office comments discussed in the trade press unless someone like The MLC issues a press release. It’s also worth noting that The MLC has merely stated that The MLC “agrees that the data in the public MLC musical
works database is not owned by the MLC or its vendor.” First, “data” is not the same as a “database”. We want to find out if there is any difference between disclaiming ownership of individual data and claiming ownership of the database as a whole. But second, there’s no proof yet that The MLC’s current “data quality initiative” does not simply update the database of The MLC’s vendor, HFA.]

Read the entire SoundExchange comment here.

SoundExchange appreciates the inclusion in Section 210.31(h) of the Office’s proposed regulations the requirement that MLC Database include a “conspicuous” disclaimer that states that the database is not an authoritative source for sound recording information. It appears that the
MLC has decided to populate the MLC Database with sound recording identifying information sourced from usage data provided by digital music providers (rather than authoritative sources such as rights owners). SoundExchange believes this decision will result in the MLC Database being chock-full of redundant records variously misidentifying a large number of sound recordings.

Nonetheless, SoundExchange also recognizes that the MLC needs to launch its business on a tight timetable, and that the Office has sought to mitigate the issue through other provisions such as the requirement to provide data provenance. However, the MLC’s decision makes it critically important the MLC’s disclaimer concerning sound recording information be clear and prominent, and perhaps linked to a more detailed explanation of the issue, because this design decision carries a significant risk of confusing the public, which needs to understand what the MLC Database is and what it is not….

[I]t is critical that the MLC Database be easily accessible to all other
industry participants, so others can build on the MLC Database to create value-added resources for the industry. For example, while the MLC’s reluctance to include and organize its data around authoritative sound recording information may make sense given practical constraints, it represents a missed opportunity to develop a resource with authoritative linkages between sound recordings and musical works that would be of significantly greater value for participants in the ecosystem. Fortunately, the statutory requirement that the MLC make its data available to others provides an opportunity for third parties to fill that void. This kind of function depends on API access to the MLC Database.