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

Photo: Mark Reinstein/Getty IMages

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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.

King Curtis

King Curtis, who played the sax solo on "Respect" by Aretha Franklin
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Where’s The “Respect” For Older Artists and Musicians’ Royalties?

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The late “Queen of Soul” is amongst a slew of legacy artists and musicians who don't see their rightful royalties from digital radio thanks to a pre-1972 loophole in the music copyright law/ Passing the Music Modernization Act can change that
Nate Hertweck
Advocacy
Aug 24, 2018 - 3:53 pm

“When it comes to respect, SiriusXM has none for yesterday’s classic musicians and singers” -Conversations In Advocacy #32

Legendary artists, such as the late Aretha Franklin, have long been well-documented as being short-changed by the loopholes of copyright law, which only require internet and satellite radio to pay the writer and publisher for the songs they play, not the performers. In the case of Franklin's 1967 mega-hit "Respect," the distinction has always been painfully clear, as the song was famously written by the great Otis Redding and, even though it was totally reborn in her hands, Franklin received nothing from spins her version has received. Not fair.

But the case of "Respect" is merely one instance of unfair copyright law for performers of that era. In fact, from countless far-less-famous backing musicians to the one-hit wonders of the '50s and '60s have all missed out on collecting royalties for digital radio play.

Why? Because outdated federal copyright law exempts digital radio services from paying performer royalties on songs recorded before 1972, leaving so many musicians empty handed while internet and digital radio platforms continue to profit off these treasured hits.

Groups of that era who never achieved the continued success beyond their biggest hit, include such as the Tokens with 1961's “The Lion Sleeps Tonight,” the Kingsmen with 1963's “Louie Louie,” which was inducted into the GRAMMY Hall Of Fame in 1999, and the Troggs with 1966's “Wild Thing.” For these one-hit wonder artists, there is a stark miss-match between the unmistakable sound of their iconic hit records and lack of due payment for their performances even when they continue to be broadcast out to millions of listeners daily.

Additionally, countless musicians who played on the biggest hits of the era are also left out in the cold by the loopholes of the law like the late Eddie Willis, who died this past week. As a member of Motown's legendary backing band The Funk Brothers, Willis played guitar on a number of hits including the Marvelettes' "Please Mr. Postman" (1961), which was inducted into the GRAMMY Hall Of Fame in 2011, and Stevie Wonder's 1967 classic "I Was Made To Love Her."

While superstar artists such as Franklin were able to develop lasting careers beyond a single hit, and earn an income through a variety of channels, the pre-1972 exemption took a much tougher toll on acts with less longevity and the musicians who stayed behind the scenes. And while Franklin no doubt missed out on large quantities of royalties from "Respect," so did the unsung musicians who played on the recording such as the Muscle Shoals rhythm section players or saxophonist King Curtis, who played the song's remarkable key-shifing solo.

Fortunately, we are now at a point of great progress and potential in the battle to right these copyright wrongs. The Music Modernization Act stands to fix this baseless pre-1972 exemption and close the loophole for digital radio services, ensuring fair pay for all performers. The landmark bill has already passed unanimously in the House of Representatives and the Senate Judiciary Committee, and now is the time for music creators and consumers alike to take a stand for the musicians who played on the records we love so much.

Contact Your Senators: Tell Them To Support Comprehensive Music Reform

Adam Levine

Photo: Tara Ziemba/Getty Images

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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.