Conversations in Advocacy #18

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It's Time For Music Licensing Laws To Get With The Program

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The music industry is an undisputed leader in the global marketplace — isn't it time to move music licensing laws into the 21st century?
Brian Haack
Advocacy
May 4, 2018 - 12:40 pm

"All the new data tells the story — music is an important part of the U.S. economy and supports nearly 2 million American jobs. But as music keeps growing, the law hasn't kept up. The Music Modernization Act is a necessary step for improving the livelihoods of the many creators who bring music to the world." — Conversations In Advocacy #18

According to the 2017 Global Music Report produced by the IFPI, the global trade body for recorded music, the value of music produced in the United States constitutes over one-third of the total global market. Furthermore, the April 2018 study "U.S. Music Industries: Jobs & Benefits" prepared on behalf of the RIAA found that our domestic music industry grew at the staggering rate of 37 percent during the three-year period from 2012–2015, reaching a total valuation of over $133 billion while providing a combined $72.5 billion dollars in total employee earnings and adding more than $143 billion in net value to the U.S. economy.

Take a moment to consider these figures.

This is an industry that is a global leader in value creation in a massive international marketplace, as well as in our domestic economy, an industry that provided over 1.75 million jobs in 2015 alone, a growth of more than 41 percent from 2012. Additionally, technologies like on-demand streaming and digital broadcast radio have supported this impressive growth in music consumption and value creation.

So, does it make sense that an industry leading the charge for an ever-growing global marketplace is still governed by laws that have remained largely unchanged since the 8-track tape era?

Of course not.

The good news is that a future in which licensing laws recognize the reality of our modern day digital music ecosystem is fast approaching. Just one week ago, the U.S. House of Representatives unanimously passed the Music Modernization Act (MMA), a long-awaited piece of legislation that incorporates some of the most-needed revisions to music licensing law that have been supported by the Recording Academy in recent years.

The MMA will close the compensation loophole for works of recorded music created prior to 1972, which are currently exploited by digital platforms without compensating artists. In addition, the MMA will increase industry efficiency and transparency by establishing a single licensing entity to administer mechanical licensing for songwriters, all while making it easier for internet platforms and streaming services to lawfully license the music in the first place. And for the first time, it will recognize the contributions of producers and engineers in copyright law.

Having passed the House of Representatives with a unanimous 415–0 vote, and having ridden a wave of bipartisan, cross-industry support rarely seen in U.S. politics during its prior review period by the House Judiciary Committee, the MMA now heads to the Senate with an inarguable mandate.

It is imperative that Congress finish the work of passing the MMA so that the president can sign the bill into law before the end of the year.

Contact Your Senators: Tell Them To Support Comprehensive Music Reform

"Conversations in Advocacy" is your weekend digital tip sheet on music advocacy and the policies that affect music makers and their craft. New installments post every Friday.

Conversations In Advocacy #8

Photo: Sean Zanni/WireImage.com

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Booker T. Jones Addresses House Reps. Over Reform Act For "Pre-1972" Recordings

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The legendary artist testified before the House Judiciary Committee on behalf of legacy music creators whose works are not fully protected under current copyrights laws
Brian Haack
Advocacy
Feb 9, 2018 - 3:22 pm

“Legendary artist Booker T. Jones summed it up best at the recent House Judiciary Committee hearing, some of our most iconic and ground-breaking tracks are dismissed and disrespected by a quirk in the law.” – Conversations In Advocacy #8

Multi-instrumentalist, songwriter, producer/arranger, and multi-GRAMMY winning artist Booker T. Jones was one of several prominent creators and music professionals to address the House Judiciary Committee during their GRAMMY week field hearing – "Music Policy Issues: A Perspective From Those Who Make It" – held in New York City at Fordham University School of Law on Jan. 26.

Jones' testimony included vocal support for the CLASSICS Act, which has now been introduced in the House and the Senate, with key co-sponsors from both chambers’ Judiciary Committees, including original sponsors Congressman Darrell Issa (R-Calif.), Congressman Jerry Nadler (D-N.Y.), Senator Chris Coons (D-Del.) and Senator John Kennedy (R-La.). The Act would fix a gaping loophole in copyright law that presently allows digital services like satellite radio and music streaming platforms to stream or broadcast recordings made before 1972 without paying royalty fees to artists or other rights holders.

Booker T. Jones and Aloe Blacc, 2018

Booker T. Jones and Aloe Blacc address the House Judiciary Committee
Photo: Photo: Sean Zanni/WireImage.com

He gave as an example his instrumental single "Green Onions" (released by Booker T. and The M.G.s), which was one of the biggest hits of 1962, and has since been inducted into both the GRAMMY Hall Of Fame and the Library Of Congress as an exemplar of American musicianship. Within the current scope of copyright law, any digital music service can broadcast or stream "Green Onions" with no legal compulsion to compensate Jones or any other rights holder on the song, all because it had the misfortune of being released pre-1972.

"[B]ecause of a quirk in the law, many of our most timeless treasures …are dismissed and disrespected as not meriting compensation to the featured artists, non-featured artists, and producers," said Jones, speaking on behalf of himself and countless other legacy artists who are negatively affected by the copyright shortfall. Jones cited examples such as Otis Redding's "Sittin' On The Dock Of The Bay" and Sam & Dave's "Soul Man" as examples of popular classics which digital services were free to use without royalty compensation.

"Artists are trying to protect their rights at the state level because of the lack of clarity at the federal level." – Booker T. Jones

Jones further pointed out that the unclosed loophole at the federal level has opened up digital services to litigation on a state-by-state basis as artists struggle to establish some form of legal precedent to inform policy changes at a national level. "[T]ime is running out for many of these legacy artists and we shouldn’t have to fight state by state to get the compensation we deserve," Jones added.  "This uncertainty is bad for artists, and it’s bad for the digital music services."

Jones also argued that the new CLASSICS Act would, "clarify that all pre-1972 sound recordings have protection under the federal copyright system," ensuring that all sound recordings are handled under that same licensing system, regardless of when they were released, while also providing legal air cover for digital services that play by the new rules. "It’s a win-win for everyone," he declared.

In concluding his testimony, Jones encouraged the committee to consider the rich legacy of recorded music released prior to 1972, lauding the "spirit of cooperation" that has already led to call for comprehensive music reform combining the CLASSICS Act with the AMP Act and  the Music Modernization Act. Finally, he exhorted the committee, "Don't let another opportunity to bring music into the 21st century slip away. Correct the law now so that all music creators …can make a living from the work they do that enriches all our lives."

Conversations In Advocacy #7: Producer Mike Clink Delivers Testimony On Crucial Music Issues

"Conversations in Advocacy" is your weekend digital tip sheet on music advocacy and the policies that affect music makers and their craft. New installments post every Friday.

Conversations In Advocacy #36

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Music Modernization Act Takes Huge Step Forward: What's Next?

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As the MMA passes the Senate, we look at the champions behind the historic bill, its promise for a better system and the work left to be done
Nate Hertweck
Advocacy
Sep 21, 2018 - 12:41 pm

"As the music community rejoices around the Senate passing of the MMA, the collective efforts of the bill's many devoted champions are making all the difference – but there is still some work to be done…” –Conversations In Advocacy #36

The Music Modernization Act's latest victory of being passed by the U.S. Senate was hard won. Music creators, industry professionals, music tech, and politicians from both sides of the party line have united in support of the bill. Some of the MMA's more high profile supporters include the likes of Adam Levine, Maren Morris, Booker T. Jones, and Little Big Town, but the music community at large at large can celebrate leaping over this major hurdle on the path toward comprehensive music licensing reform.

Now formally titled The Orrin G. Hatch Music Modernization Act, the bill promises to have significant impact on the livelihood of the music creators by ensuring fairer and more accurate royalty rates for songwriters, copyright protection for producers and engineers, and proper compensation for artists.

The Recording Academy has been relentlessly instrumental in generating and sustaining a groundswell of support for the bill. Through constant advocacy efforts, its flagship GRAMMYs On The Hill Awards And Advocacy Day in Washington D.C. – which honored Little Big Town earlier this year – and the sprawling national grassroots District Advocate program, the Academy has engaged a mass of music creators to share their stories with lawmakers. The results are powerful. Harvey Mason Jr., GRAMMY-nominated songwriter/producer and Recording Academy National Advocacy Committee Co-Chair, called the MMA's passage by Senate, "a huge turning point."

But before the celebration can begin, the fight must continue. Now that the MMA has moved through the House of Representatives and the Senate, it will need to go back to the House one last time before it becomes law. This vote could come as early as next week.

As this historic copyright reform effort moves a giant step closer to the finish line, the music community must continue to rally, push and speak up on behalf of the MMA. While it is remarkable how far the bill has come, we cannot rest until we complete the job of enacting a better system for all.

Contact Your Representatives: Tell Them To Support Comprehensive Music Reform 

"Conversations in Advocacy" is your weekend digital tip sheet on music advocacy and the policies that affect music makers and their craft. New installments post every Friday.

Adam Levine

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Music Modernization Act Nears Clear Majority Support In The Senate

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Let your Senators know the time to pass the Music Modernization Act is now
Renée Fabian
Advocacy
Aug 3, 2018 - 9:38 am

"Did you know the Music Modernization Act already has 46 co-sponsors in the Senate? If artists and fans keep speaking up, it'll soon have over 50 cosponsors on board — a clear Senate majority!" — Conversations In Advocacy #29

As the Music Modernization Act awaits its day for a vote in the full Senate, it's clear that music advocates are getting closer to a clear majority of Senate support for the bill. Right now, this critical legislation that will ensure all music creators are paid fairly has 46 Senate co-sponsors, just a few shy of 51.

The MMA has unprecedented, and growing, consensus across the music and tech industries; in fact, just this week that support grew even larger following a compromise within the music industry.

The same can be said in the Senate, where the bill has seemingly unprecedented, and growing, bipartisan support, with 23 Republicans and 23 Democrats lending their voices for the legislation — including seven Senators who signed on as co-sponsors within the last week. The MMA has already passed unanimously in the House and out of the Senate Judiciary Committee, and a final vote from the full Senate is the next step to signing the historic bill into law.

Artists such as Jason Isbell, Maren Morris, Travis Tritt, OneRepublic, Steven Tyler, Adam Levine, and others have lent their voice to ensure the Senate hears loud and clear that the MMA will allow all music creators to finally be paid fairly for their work.

The Senate is currently on a short recess, but while they're at home for the next week we can still make sure they hear from their music creator constituents about supporting and passing the MMA. The time to speak up is now — make your voice heard to bring more than 50 Senators onboard for the bill to achieve clear majority support.

Tell Congress to Pass the Comprehensive Music Modernization Act!

"Conversations in Advocacy" is your weekend digital tip sheet on music advocacy and the policies that affect music makers and their craft. New installments post every Friday.

Conversations In Advocacy #16
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Music Modernization Act: The Ball Is Now In Congress' Court

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Having unanimously cleared House Judiciary mark-up, the MMA heads to House floor with a public mandate
Brian Haack
Advocacy
Apr 13, 2018 - 4:47 pm

"The Music Modernization Act passed the House Judiciary markup unanimously on Wednesday. And the bill not only has support from both sides of the aisle, it has the support of interest groups from across the political and ideological spectrum. How often do you see the AFL-CIO and Americans for Tax Reform agree with each other?" — Conversations In Advocacy #16

Music creators should be paid fairly whenever their work is used by someone else. Makes perfect sense, right? Well, in the case of the Music Modernization Act (MMA) it makes so much sense that even groups who don't traditionally align with each other or take a strong interest in music legislation are coming out of the woodwork to support the bill.

The widely supported bill, endorsed by music and tech stakeholders, will correct lapses in copyright law that fail to recognize the reality of music's modern economy. Because of outdated, certain digital broadcasters remain exempt from any obligation to pay royalties to artists for music recorded before 1972; furthermore, royalty payouts for music provided through digital platforms remain tied to antiquated regulations, and music licensing laws still fail to recognize the contributions of producers, mixers and sound engineers whose efforts are essential to the creation of recorded music in the first place. The MMA delivers modern solutions that bring music licensing into the 21st century.   

These solutions haven't just been embraced by the music and tech communities; in the past several months, as the House Judiciary Committee has reviewed the MMA, groups as varied as the NAACP, Americans For Tax Reform, the AFL-CIO, Citizens Against Government Waste, the U.S. Chamber Of Commerce, and more have submitted public statements praising the bill and calling on Congress to act.

"Digital radio platforms have stations with playlists and formats entirely dedicated to playing pre-1972 music. It's simply unjust and unfair for those platforms to cash-in on massive subscription revenues while denying elderly artists fair pay for their valuable work," stated Hilary O. Shelton on behalf of the NAACP in their statement to the House Judiciary.

Meanwhile, Citizens Against Government Waste commented in late January that "while technological advances have changed the way consumers listen to music, compensation for performers and songwriters remains in the dark ages. Digital radio services continue to be regulated under a compulsory licensing system established in 1972, with rates set by the Copyright Royalty Board (CRB); composers and songwriters are compensated through mechanisms set up in 1909. Their compensation is unlike any other form of intellectual property rights."

Along with addressing the pre-1972 royalty loophole and providing compensatory recognition of the efforts of producers, engineers and other key professionals involved in the recording process, the MMA will seek to increase industry efficiency and transparency by establishing a single licensing entity to administer statutory licensing for music rights holders and facilitating identifications and payment to creators, all while making it easier for internet platforms and streaming services to lawfully license the music in the first place.

The bottom line? The MMA will protect fair compensation for creators across the board and establish an outlet to streamline the entire licensing process for digital broadcasters. Now that the bill has survived inspection by the House Judiciary Committee, passing out of committee on April 11 with a unanimous 32–0 approval, it moves to the full House of Representative for a vote. The ball is in our legislators' court to respect the will of the people.

"Conversations in Advocacy" is your weekend digital tip sheet on music advocacy and the policies that affect music makers and their craft. New installments post every Friday.

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