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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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Photo: Liu Jie/Xinhua/Getty

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Coronavirus Relief Bill Includes Assistance for Music Creators

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The bill extends small business loans and unemployment insurance to music makers, plus gives a boost for the National Endowment for the Arts amid COVID-19
Nate Hertweck
Advocacy
Mar 26, 2020 - 9:23 am

The Recording Academy applauds Congress and the President for stepping in and providing some much-needed economic relief and protections for music creators. Late last night, a stimulus bill of over $2 trillion passed the Senate and is expected to soon pass the House and be signed into law. The even better news is that the bill includes many priorities that covers music creators and other self-employed workers.

Reeling from the devastating economic effects of the Coronavirus, music creators are in need of increased economic relief following wide-spread closures and cancellations of tours, performances and gigs. Like many freelance or self-employed workers, music creators typically don’t enjoy the normal employment protections afforded to salaried or hourly workers, which puts them in jeopardy of not having access to many key protections in the relief package. Fortunately, thanks to the Recording Academy’s extensive advocacy, the spending package includes protections and provisions that put music creators in a better position for immediate and long-term relief.

Among these key protections, the Academy worked to grant new eligibility for self-employed workers to apply for “paycheck protection” loans from the Small Business Administration that can later be forgiven if they are used to provide income support. The bill also incentivizes traditional small businesses to use these loans to continue payments to independent contractors they work with. Self-employed individuals will also be able to apply for special Emergency Injury Disaster Loans.

The Academy also successfully lobbied for new pandemic-related unemployment insurance to be included in the bill, and to ensure that eligibility requirements were extended to self-employed workers. Music makers who qualify will now be entitled to four months of unemployment insurance through their state of residency.

In addition to supporting music creators with these individual protections, the stimulus bill also included a $75,000,000 boost to the National Endowment for the Arts. This big win for music and the arts marks a 50% increase from the 2009 stimulus package, and will go to provide funding and grants to state arts organizations and help fund new projects across the country   

These important victories follow the recent surge of support for music creators to be included in the stimulus, led by the Recording Academy's letter to Congressional leaders outlining the need for relief efforts for the music community. In the letter, Academy Chairman and Interim CEO Harvey Mason jr appropriately stated, "music is the original 'gig economy.'"

The Academy also sent letters with leading entertainment industry organizations, associations and unions outlining a set of shared priorities impacting workers in music, television, film and theatre. The Academy also joined dozens of non-profit arts and culture organizations to advocate for key provisions for artists and arts organizations.

The message to the Hill was amplified by Academy members and music fans via the Academy’s call-to-action online tool, which sent tens of thousands of letters to Congress in support of providing critical assistance and relief for creators..

Members of Congress, heard that call, and weighed in, writing letters of their own advocating for creators' rights. Rep. Adam Schiff (D-Calif.), along with 36 of his Congressional colleagues, sent a letter to Speaker of the House Pelosi (D-Calif.) and Republican Leader McCarthy (R-Calif.) urging Congressional action for creators. The Congressional Arts Caucus and the Congressional STEAM Caucus co-signed a letter to House Leadership with more than 50 signatures.

Additionally, both House Judiciary Chairman Jerry Nadler and Congressman Doug Collins sent separate letters to House leadership urging support for the creative workforce. 

Last week, the Recording Academy’s Chief Industry, Government, and Member Relations Officer Daryl P. Friedman appeared on SiriusXM’s P.O.T.U.S. Press Pool with Julie Mason. On the program, Friedman discussed the impact of coronavirus on creators, including the cancellation of big and small concerts, the financial impact on artists’ bottom line, and the potential solutions Congress could enact that would add some financial relief for creators.

The Recording Academy and its affiliated charitable foundation MusiCares continue to raise funds to benefit creators in need. Leading music streaming and tech companies Amazon Music, Facebook, SiriusXM and Pandora, Spotify, TIDAL, and YouTube Music have announced that they are contributing to the MusiCares COVID-19 Relief Fund to support music industry workers in need.

If you are a creator facing financial hardship due to this global pandemic, please visit MusiCares’ COVID-19 Relief Fund page here.

If you would like to support the relief fund, you can donate here.

Learn More About Issues & Policies Important To Music Creators

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Photo: Jonathan Newton/The Washington Post/Getty Images

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How Congress Can Provide Relief For Music Makers During COVID-19

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"Music is the original 'gig economy,'" The Recording Academy writes, urging lawmakers to provide critical support for a music community crippled by the coronavirus pandemic
Nate Hertweck
Advocacy
Mar 19, 2020 - 3:52 pm

With a growing number of states imposing restrictions on bars and restaurants on the heels of the widespread cancellation of music-related events and festivals, the landscape for live performers is quickly shifting. Many artists have turned to creative solutions in order to combat these schedule changes, such as focusing on merchandise sales or playing shows for online audiences, but replacing the income touring and performing live generates for most working music makers will take much more.

To address this, the Recording Academy sent a letter, penned by Chairman and Interim CEO Harvey Mason jr., to Congressional leaders outlining the need for relief efforts for the music community.

"The coronavirus pandemic has had a devastating impact on the music community. Music festivals, tours, live events, video shoots, writing workshops, studio recording sessions, and more have been canceled across the country and around the world." Mason jr. wrote. "These cancellations don’t just affect famous featured artists and headlining bands. They impact thousands of songwriters, session musicians, live musicians, backing vocalists, audio engineers, studio mixers, and other individuals who make a living by making music."

The letter follows Congress' relief package, which will provide paid sick leave for some workers, free coronavirus testing, increased food assistance, strengthen unemployment insurance benefits, and assist with other necessary relief efforts. But Congress must continue its work by passing a subsequent package that provides additional relief to self-employed music makers.

"I urge you to protect our nation’s musicians, performers, songwriters, and studio professionals. Just as many large industries will be seeking support, you should not forget the smallest of small businesses: individual music makers who will not benefit from employer-based relief." he wrote, adding, "Music is the original 'gig economy.'"

The message to Congress is clear: Congress must provide these creators with some economic relief.

The Recording Academy will continue to show its commitment to creators and their families by advocating on Capitol Hill. But now it is time for Congress to continue its bipartisan and bicameral spirit by passing more specific relief packages. You can join the Recording Academy in this call by contacting your members of Congress here.

To further support music makers during these difficult and uncertain times, the Recording Academy and MusiCares recently established the COVID-19 Relief Fund.

If you are an artist or music professional who has been impacted by this unprecedented circumstance and are in need of assistance, please visit our MusiCares page to learn more about the financial, medical and personal emergencies services and resources offered by the Recording Academy.

For more information and developments related to the coronavirus, visit the World Health Organization and Centers for Disease Control and Prevention for ongoing news and updates.

Contact Your Members Of Congress To Urge Them To Provide Relief To Music Makers

Crowd shot at SXSW 2019

Crowd shot at SXSW 2019

Photo: Hutton Supancic/Getty Images for SXSW

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How The Global Coronavirus Pandemic Is Directly Impacting Songwriters, Musicians And Artists

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With the worldwide concert industry now in flux, the coronavirus disruption has created a volatile environment for artists, musicians, songwriters and producers on every level
John Ochoa
Advocacy
Mar 13, 2020 - 3:35 pm

By now, the detrimental effects of the global coronavirus pandemic on the music industry are loudly heard. Major festivals around the world are postponing or outright cancelling their 2020 editions. This month alone, Coachella and Stagecoach, Ultra Music Festival, SXSW, Lollapalooza Argentina, Treefort Music Fest, Brussels' Listen! Festival and several other major events were called off or postponed due to the coronavirus. The aftermath has impacted everything from music conferences and award shows—this year's Winter Music Conference, ASCAP Experience, Nickelodeon Kids' Choice Awards and BMI Latin Awards were all cancelled or postponed—while the amount of cancelled national and international tours continues to grow seemingly on the daily.

As the coronavirus itself continues to spread, so too does its ramifications on the music industry. While industry experts and analysts are projecting that the live concert business could stand to lose billions, the financial fallout is virtually immeasurable at this point.  

But music's financial collapse is already taking its industry-wide toll. 

"You have people delaying on-sales for tours, and you have people who are going to postpone tours. It's chaotic and stressful, from agents and managers to artists, their families and their support teams," Allen Kovac, an artist manager who represents Mötley Crüe and other acts, told The New York Times.

The downfall of the live music space comes in the streaming era when the majority of professional recording artists and performing musicians rely heavily on touring and live performances as their main source of income. A 2018 survey by the Music Industry Research Association and the Princeton University Survey Research Center, in partnership with the Recording Academy's MusiCares, found that live performances were the "most common income source for musicians," according to Rolling Stone. (Pitchfork's in-depth feature on the booming music streaming market visualizes these financial percentages in a helpful graph.) 

Crowd shot at SXSW 2018

Still, even as the streaming industry continues to grow, with streaming accounting for 80 percent of the music industry’s overall revenue, the low royalty rates make it difficult for small and independent artists to even earn a minimum wage through streaming. And artists continue to make nothing from traditional AM/FM radio platforms (a major reason why Congress needs to pass the AM-FM Act). 

This all makes the live music industry all that more important for artists and musicians, especially for those considered to be non-superstar acts who rely on paychecks from touring and live gigs just to make a living. A coronavirus-sized pandemic that causes festival cancelations and cuts touring schedules short will undoubtedly impact the bottom line of artists and creators of every size on a global scale. Simply put: No shows = no paycheck. 

The coronavirus cancellations will also trickle down to songwriters, who depend on performance royalties from the live performances of their songs. A decrease in shows unquestionably equates to a decrease in potential gains via live performance royalties.

Then, of course, there's the legion of audio engineers, sound and light crews, backstage teams, tour managers and other behind-the-scenes hands who have doubtlessly lost work due to cancelled tours, conferences and festivals. As DJ TechTools, a DJ- and gear-centric outlet, points out, audiovisual technicians are reporting a massive wave of job cancellations as more and more music conferences are cancelled in the wake of the coronavirus pandemic. 

With the global concert industry now in flux, the disruption has created a volatile environment for artists, independent musicians, songwriters, producers and the like on every level. As tours and festivals continue to cancel, these same industries are, too, impacted, leaving session players, live musicians and all sorts of creative workers to face potentially empty touring and recording schedules for months on end. Worst of all, there is no end in sight just yet. 

Still, as the coronavirus story develops and the world continues to adapt, so will our beloved music industry. The artist and musician community can tap into the national and local resources available to alleviate any financial, mental and social distress caused by the coronavirus pandemic.

If you are an artist or music professional who has been impacted by this unprecedented circumstance and are in need of assistance, please visit our MusiCares page to learn more about the financial, medical and personal emergencies services and resources offered by the Recording Academy.

For more information and developments related to the coronavirus, visit the World Health Organization and Centers for Disease Control and Prevention for ongoing news and updates.

Going Viral: The Music Industry Grapples With The Worldwide Coronavirus Outbreak

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Photo Illustration: Omar Marques/SOPA Images/LightRocket via Getty Images

 

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Spotify & Other Streaming Giants Are Fighting Songwriter Royalty Increases… Still

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The Copyright Royalty Board finally set a fair pay increase for songwriters– so why are the major streaming platforms appealing
Advocacy
Mar 11, 2020 - 3:24 pm

Making a living as a songwriter is, well, not easy. While the industry's transition toward streaming has opened a lot of doors for music makers, it's also made scraping together enough income to sustain a career very challenging. With that in mind, the Copyright Royalty Board (CRB) has done something to help out, giving songwriters a solid win with their recent royalty rate increases. All good news, right? Not so fast…

The same streaming giants who have built the new music model on the backs of music creators – Spotify, Pandora, Google and Amazon – are continuing to fight the CRB's royalty rate increases, attempting to leverage their massive corporate heft to avoid paying songwriters what the CRB has determined is fair.

On Tuesday, March 10, the above-mentioned four streaming platforms’ (with Apple Music notably absent as the current No. 2 largest streaming service globally) appeal of the CRB’s 2018 decision to increase songwriter royalty rates by 44 percent was heard before the DC Circuit Court. This appeal has reignited the fight over royalty rates with songwriters seeking only to uphold the CRB's decision and these streaming services hoping to dodge the pay increase.

Many songwriters are watching this story closely, as Spotify, Pandora, Google and Amazon are essentially suing to not have to pay songwriters the rates determined by the CRB. Despite pleas and pressure, the platforms have not backed down from their appeal. From here it will be up to the DC Circuit Court to determine an outcome.

Read More: CRB Appeal: Inside The Battle For Fair Streaming Rates

Since the appeal was filed in 2019, songwriters have rallied around the issue and raised their voices in other impactful ways. Last April, a group that included GRAMMY winners Nile Rodgers, Kenneth “Babyface” Edmonds and Greg Kurstin wrote an open letter on the matter directed specifically at Spotify. In it, they call out the top streaming platform for its disingenuous relations with songwriters and asking Spotify to, "Do the right thing and drop your appeal of the Copyright Royalty Board rate determination."

Everyone can get involved to send this same message to Spotify and the other platforms. Contact the companies’ Board of Directors to let them know you stand with the songwriters who write the music they sell. It's time to pay these professionals the fair rate determined by the CRB, not continue to line streaming platforms pockets with more cash.

Stand With Songwriters: Contact Spotify's Board Of Directors