A producer of sound recordings who, for the production of a sound recording, exploits an unpublished work created by others shall obtain permission from, and pay remuneration to, the copyright owner.

录音制作者使用他人未发表的作品制作录音制品，应当取得著作权人的许可，并支付报酬。

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It may seem like an artist should get paid if his song, whether a cover or something else, is imitated elsewhere, but this is "one of those holes in the law that just doesn't end up giving the owner of the sound recording copyright much in the way of rights, " Lemley said.

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The three-judge panel determined that any copy of a sound recording, no matter how brief, violates federal copyright law unless the copier obtains a license.

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Record labels and radio companies have actively lobbied Congress on the issue of whether the Copyright Act should be amended to legally require the payment of sound recording performance royalties for the past 80 years.

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