One thread of discussion surrounding the copyright law is the idea of creating a compulsory license for online/p2p distribution, similar to the existing compulsories for broadcasting. Before determining how to collect license fees and distribute, Lawmeme’s Ernest Miller notes the need to determine what constitutes non-commercial use.
Virtually all compulsory license schemes restrict themselves to noncommercial use. They are put forward as a solution to the P2P issue, of file sharing between consumers. No serious compulsory licensing scheme that I am aware of advocates that commercial vendors should be allowed free rein under the compulsory license. Unfortunately, I think that the distinction between commercial and noncommercial use in the P2P realm is not so easy to make. After all, previous compulsory licenses were essentially in the commercial realm. The commercial realm is, in many ways, much easier to regulate than the public or P2P realms (isn’t that why people advocate compulsory licensing schemes in the first place?).
