This is a welfare system for the media companies, not for musicians. As Mr Lessig says, "Archives with recordings of music from the 1930s or 1940s would now have to clear permission before streaming their musical content even if the underlying work was in the public domain."
Many, if not most, of the artists who produced those works in the '40s and '30s have either given up any hope of receiving royalties for their works or have in fact ceased to exist.
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"...this is explicitly a welfare system for musicians..."
This is a welfare system for the media companies, not for musicians. As Mr Lessig says, "Archives with recordings of music from the 1930s or 1940s would now have to clear permission before streaming their musical content even if the underlying work was in the public domain."
Many, if not most, of the artists who produced those works in the '40s and '30s have either given up any hope of receiving royalties for their works or have in fact ceased to exist.