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Karyn A. Temple Appointed 13th Register Of Copyrights

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Diverse stakeholders look forward to Register Temple's talent and skill as she continues to oversee generational modernization in U.S. copyright
Philip Merrill
Advocacy
Mar 29, 2019 - 3:50 pm

"Register Temple has the track record to ensure implementation of the Music Modernization Act lives up to its potential." — Conversations In Advocacy #50

On March 27 the Librarian of Congress Dr. Carla Hayden named Karyn A. Temple to serve as the 13th Register of Copyrights. Among the many important decisions that lie ahead, her implementation of the Music Modernization Act stands to impact music creators the most.

"It is an extremely exciting time for copyright law and the U.S. Copyright Office, with historic revisions to the music licensing system to address the digital age, updates to our regulatory practices, and modernization of the Office's technology and business processes all happening now," Temple said. "I am honored to have the opportunity to continue working with the entire copyright community, Members of Congress, and the general public as we move forward to meet the challenges of the modern age."

Chairman of the House Judiciary Committee, Rep. Jerrold Nadler (D-N.Y.) and Rep. Doug Collins (R-Ga.), who introduced the MMA in the previous Congress, responded quickly with praise and recognition of the modernization challenge Register Temple is well suited to lead.

"As Chairman and Ranking Member of the Committee with oversight of copyright law, we look forward to working with Ms. Temple to ensure effective administration of the copyright system and the Office's ongoing modernization efforts," the lawmakers concluded.

The RIAA referred to her as "one of the country's foremost experts on copyright law" who would serve as "a trusted guardian of the U.S. copyright system."

The RIAA was actually one of Temple's previous employers in private practice, after she graduated from Columbia Law School, worked as a civil prosecutor and clerked for an appellate judge. In 2013 her work at the Copyright Office as Senior Counsel in its Office of Policy and International Affairs earned her a promotion to Associate Register of Copyrights and Director of Policy and International Affairs.

In Oct. 2016, Dr. Hayden named Temple as Acting Register of Copyrights, so she has already been managing the day-to-day administration of modernization efforts. These include both the implementation of the MMA as well as the Copyright Office's own digital initiatives and efforts to upgrade its computing infrastructure. "Karyn has done a superb job as Acting Register for the last two and half years," said Dr. Hayden.

Passage of the MMA brought together stakeholders who do not always share common interests, such as internet organizations, major radio network owners and digital rights groups, but Temple was welcomed as Register by all three. The Internet Association praised her "exemplary work" and willingness to listen. The National Association of Broadcasters described Temple as "the ideal candidate to head the Copyright Office." Digital policy advocates Public Knowledge were blunt, saying, "Ms. Temple has already laid the groundwork for fixing the Copyright Office's two biggest weaknesses: woefully-antiquated information systems and a lack of even handed credibility with all copyright stakeholders."

Register Temple's primary role is as a guardian of intellectual property, not as a protector of fair use or other defensible copyright exceptions, but this good will from the community should help her accomplish the mission of modernization. Given the complexity of arts law, the perspective Registers of Copyrights add to considerations by lawmakers and judges are most welcome.

But Register Temple's warm welcome goes beyond her personal excellence because everyone with a stake in intellectual property knows — as she does — that today's copyright challenges must lead to tomorrow's creativity, protecting the rewards our founders set in the Constitution to provide fair support for those whose creations are truly original.

Yolanda Adams & More GRAMMYs On The Hill Awards Honorees Announced

"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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Latin GRAMMY Advocates: Luis Fonsi, Gloria Estefan & More

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The 20th Latin GRAMMYs Made History In Las Vegas last night – here's a look at some of the Latin music communities most active advocates for creators' rights
Advocacy
Nov 15, 2019 - 1:26 pm

"Did you catch the Latin GRAMMYs live from Las Vegas last night? And did you know there are many Latin artists and music creators involved in the fight for creative rights?" -Conversations In Advocacy #69

The 2019 Latin GRAMMY Awards marked 20 years of the Latin Recording Academy honoring the best of the best in Latin music. Among its biggest stars and most successful music makers, the Latin music community is rich with passionate advocates for creators' rights. Let's take a look at just a few of those active in advocacy:

Latin legend Gloria Estefan is no stranger to fighting for creators' rights. The three-time GRAMMY winner and four-time Latin GRAMMY Winner attended the District Advocate Rally at The Wynwood Yard in 2018 in her hometown of Miami..

Another Florida-based singing staple of the Latin charts, Jon Secada lent his legendary voice to the cause, attending a meeting last month with Rep. Ted Deutch (D-FL) during the Recording Academy’s District Advocate day. With a pair of GRAMMY wins and one Latin GRAMMY win to his name, Secada's contributions to the conversation about creators' rights are invaluable.

That same day in Texas, Armando Lichtenberger of La Mafia met with Rep. Sylvia Garcia (D-Texas) to discuss key issue to music creators. Lichtenberger has earned two GRAMMYs and two Latin GRAMMYs for his work with the band. The meeting with Rep. Garcia was one of the 24 meetings with members of the Congressional Hispanic Caucus—touching two-thirds of the caucus, including Chairman Joaquin Castro (D-Texas).

Smash hit songwriter Erika Ender performed at GRAMMYs On The Hill in 2018 alongside country stars Little Big Town. The two-time Latin GRAMMY winner and GRAMMY nominee best known for co-writing "Despacito" also met with her representatives as part of Advocacy Day to talk about songwriters rights.

Why GRAMMYs On The Hill Makes A Difference

Keith Nieto from the two-time GRAMMY nominees La Maquinaria Norteña also participated in last year’s GRAMMYs On The Hill . His band was also nominated for Best Norteño Album at last night's 20th Latin GRAMMYs.

Finally, Luis Fonsi, Puerto Rican international superstar and GRAMMY and Latin GRAMMY nominee, visited with Members of Congress during GRAMMY week in 2018 to talk about issues near and dear to music makers. Fonsi was up for Album Of The Year at this year's Latin GRAMMYs for his tenth studio album, Vida.

The Latin Recording Academy has also raised its voice in support of creators over the years, most recently sending a letter in support of The Copyright Alternative Small Claims Enforcement Act (CASE Act), which has passed in the House and now moves to the Senate for a vote, one step closer to the President's desk and becoming a law.

As we congratulate the Latin GRAMMYs on 20 years of excellence, we also thank the many members of the Latin music community for raising their voices in support of creators’ rights. You too can learn more about issues and policy affecting music makers and contact your Members of Congress today to urge them to support the CASE Act. For a full recap of the 20th Latin GRAMMYs, check out our GRAMMY.com coverage [LINK].

Let Your Representatives Know You Stand In Support Of Music Creators' Rights

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AM/FM Radio: One Of The Lone Remaining Music Pirates

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American radio uses music without permission from—or compensation of—recording artists
Nate Hertweck
Advocacy
Nov 8, 2019 - 1:38 pm

“As more and more people shift from illegal piracy to legitimate services, the biggest pirate left is broadcast radio. For nearly 100 years, they’ve taken music from artists without permission or compensation” –Conversations In Advocacy #68

Beating illegal music piracy has been a battle fought online in recent decades, with the proliferation of legitimate streaming services forcing many pirates to walk the plank. But how about legal piracy? Such is the case with terrestrial AM/FM radio in the United States, where broadcasters freely play music without paying the artists because the U.S. does not have a performance right for sound recordings. American stations don’t even have to ask the artist’s permission before playing their music—making it one of the few industries in the world that can legally take someone else’s work, without permission, and use it for their own financial gain.

Broadcast, terrestrial radio piracy is an old practice, dating back almost a century. But fortunately in the digital realm, times have changed. A promising new study shows a decline in piracy among younger internet users compared to earlier in the 2000s, reporting a 17 percent decrease in, “Intentionally accessing content from unlicensed services” between 2016 and 2019.

Online piracy is waning, largely due to the trend of more individuals paying for music through legitimized streaming services. Apple services reported $12.5 billion in revenue for 2019 Q4, and Spotify hit 113 million subscribers, up 5 million in just three months. With the growth in this model, more artists are receiving royalties they are entitled to collect.

Why, then, does radio get a pass?

When a song is played over the AM/FM airwaves, no performance royalty is paid to the artist, meaning a singer or band member driving down the street when the sound of her voice or instrument comes on the radio, she gets nothing.

Radio is a multibillion-dollar business, too, and it uses music to fuel its model, attract listeners and sell advertisements. The corporate radio loophole makes broadcast radio the only industry in America that’s built on using the intellectual property of others without permission or compensation. In fact American radio stands all but alone as every other country, other than China, North Korea and Iran, recognizes a performance right.  

To make matters worse, U.S. artists are missing out on international income from radio play because the U.S. does not have reciprocity agreements in place with  all of these countries. This policy failure costs the American economy and artists more than $200 million a year. 

These numbers all build a story. Online piracy is down, and legal access to music is on the rise. As artists and musicians adapt to these new trends and work to earn a livelihood for their work, the picture is snapping into focus: American broadcast radio is the real pirate. They take music from artists without permission, and have never compensated the artist a single penny for their work.  

Everyone can do something about this. Learn more about the issue on the Recording Academy's simple and informative issues and policy page and contact your Members of Congress today and urge them to finally establish a long overdue performance right so the artists who make the music that fills the airwaves—and the pockets—of terrestrial radio finally get their fair share.

Let Your Representatives Know You Stand In Support Of Music Creators' Rights

Photo: Jesse Wild/Total Guitar Magazine/Future/Getty Images

News

Why The CASE Act Works For Everyone From Musicians To The General Public

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Lawmakers, music professionals and the creative community weigh in with the truth on how the bill could immediately benefit those who it designed to protect
Nate Hertweck
Advocacy
Nov 6, 2019 - 3:16 pm

Momentum for the Copyright Alternative Small Claims Enforcement Act (CASE Act) has been mounting for months, and the bill's most recent win was passing 410-6 in the House of Representatives. But a faction of anti-copyright advocates have continued to publicize misleading positions on how the CASE Act will affect copyright infringement protection even after it received broad, bipartisan support in the House of Representatives. As the bill moves to the Senate, their posturing could delay the bill as they work with Senators, like Ron Wyden (D-Ore.), to prevent a vote.

The truth is the CASE Act stands to simplify and streamline the process for creators to defend their work against infringement, not to stifle fair copyright use, deny free expression or enable copyright troll harassment, as critics of the bill have erroneously claimed.

In fact, copyright trolling, where the troll attempts to coerce a legitimate copyright holder or user into court by bringing frivolous claims against them, is specifically safeguarded against in the CASE Act beyond even current federal law. The bill provides respondents with the opportunity to opt out of any case and grants the Copyright Claim Board the authority to award attorney fees up to $5,000 to the respondent, ban the claimant from filing for a year and even dismiss all pending cases filed by the claimant if the claimant is found to be acting in bad faith.

But what’s not erroneous is the relief that the CASE Act will deliver to a legion of creators and small businesses. The CASE Act serves as a huge help for musicians in so many ways beyond its protection from trolling by making it cheaper and quicker to file copyright infringement claims to protect their work. Also, by capping damages at $30,000, the bill empowers musicians who cannot afford the expensive legal fees associated with Federal court action.

The music community has rallied behind the CASE Act, with Recording Academy Chief Industry, Government & Member Relations Officer Daryl Friedman calling the latest passage in the House, "Another victory for music creators almost exactly a year after the Music Modernization Act was signed into law.” Friedman also underscores the critical next steps for the bill.  

“We now look to the Senate and the White House to get this bill into law and ensure music makers have access to the copyright protection they deserve,” he told Complete Music Update.

And music creators are not the only type of creators who will benefit. Everyone from photographers to filmmakers to creative small business owners will be able to efficiently protect what they create – and for many of these members of the independent creative community, relatively low stakes copyright infringement can be high stakes to their survival.

"The biggest challenge is how expensive and complex it is to fight infringement in federal court," Lisa Dillon and Brian Welsh wrote in The Bend Bulletin’s guest column. The article, titled "Oregon creators deserve the CASE Act," directly addresses those constituents represented by Sen. Wyden.

"If an infringer is incompliant to your attempt to get reimbursed for your work, it’s virtually impossible for a solo-creator or small biz to have any real legal recourse," they continued, adding, "This bill is truly a no-brainer."

And it is. Because ultimately, the general public stands to benefit from the passage of the CASE Act. As our country and our world move ever-faster into the internet age, the bill benefits all because it allows for fair protection of creators' work by establishing more efficient process to enforce infringement, not because it changes any of the free speech rights or laws that are essential to our democracy. Rep. Hakeem Jeffries (D-NY-8), who is a sponsor of the bill, answers criticism that the act threatens free speech online.

"The internet has provided many benefits to society. It is a wonderful thing, but it cannot be allowed to function as if it is the Wild West with absolutely no rules," Rep. Jeffries told The Verge. "We have seen that there are bad actors throughout society and the world who take advantage of the internet as a platform in a variety of ways. We cannot allow it."

He added, "The Internet doesn't change the Constitution."

With the CASE Act primed for a vote in the Senate, now is the time to contact your Senators and urge them to support all creators by co-sponsoring the act. Creators, copyright users and end users alike will thank you.

District Advocate Day 2019: Music Creators Raise Their Voices Across The U.S.

Peter Asher

Photo: Cheriss May/NurPhoto/Getty Images

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Advocacy Spotlight: Peter Asher's Fab Advocate Track Record & New Beatles Book

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A look inside the Los Angeles Chapter Governor and super producer's staggering history in music and contributions to creators' rights
Nate Hertweck
Advocacy
Oct 30, 2019 - 2:33 pm

Few careers in music have spanned as much time, distance and greatness as Peter Asher's. More than 55 years after his musical journey began, Asher stands today as one of music's strongest advocates, fighting for the rights of creators to receive proper protection and fair compensation for their work.

Dating back to the mid-'60s, Asher broke onto the music scene with his British pop duo Peter and Gordon, striking gold in 1964 with their first single, the Paul McCartney-written "A World Without Love." Asher's Beatles connections would deepen in the years that followed, and he ran A&R for the band's Apple Records label, singing a young James Taylor and producing several albums that would send his career into the stratosphere. A two-time winner of the Producer Of The Year GRAMMY Award, he went on to work with Linda Ronstadt, Bonnie Raitt, Carol King, Cher, Hans Zimmer and many more.

Asher's music industry perspective is as unique as his experience. In an ever-changing landscape of the music industry, he has been instrumental in fighting for artists left out in the cold due to "pre-1972" loophole in the music licensing system. Many legacy acts can now receive compensation for their work when it's played on digital services under the game-changing Music Modernization Act, which was ardently supported by Asher.

More recently, he has also advocated for The Copyright Alternative Small Claims Enforcement (CASE) Act (S. 1273), which recently passed the House of Representatives by a vote of 410-6. The bill empowers songwriters of all levels by establishing a small claims court for copyright infringement cases, removing the cost prohibitive barriers for songwriters who couldn't afford costly federal court action to protect their work.

Earlier this month, Asher hosted a conversation with Congressman Jimmy Gomez (CA-34) during District Advocate day at the GRAMMY Museum, discussing key issues to music creators. No stranger to supporting the Recording Academy's Advocacy initiatives, he has also participated and performed at other District Advocate events as well even hosted GRAMMYs on the Hill in 2018. Earlier this year GRAMMY Week, Asher used the opportunity of the spotlight being on Music's Biggest Night to speak with lawmakers about how the policy they pass affects the music community.

Peter Asher Shares How He Got Behind The Board

Asher currently serves as the Recording Academy Los Angeles Chapter Governor and Advocacy Representative, where he continues to speak up on behalf of music makers of all kinds.

Asher's latest production is a new kind of Beatles book, The Beatles From A to Zed: An Alphabetical Mystery Tour, wherein he takes an alphabetical approach to recalling songs, instruments and other assorted terms and memories letter by letter. The idea for a book grew out of Asher telling these stories on his weekly Sirius XM radio show, Peter Asher: From Me To You. With so many fascinating memories to share, a book seemed inevitable. But the format had to be fresh.

"It seems like everyone Beatles-related has written a book… I was (talking) more about music and songs, along with some stories," Asher told Billboard. His account of all things Fab Four offers a completely different experience from a conventional autobiography, and in many ways reflects Asher's bottomless knowledge and boundless creativity.

The Beatles From A to Zed: An Alphabetical Mystery Tour was released Oct. 29 and is available here. To add your voice to Asher's in support of the CASE Act, contact your Senators and urge them to support all creators by co-sponsoring the act.

District Advocate Day 2019: Music Creators Raise Their Voices Across The U.S.