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Senator Orrin Hatch (R-Utah)

Sen. Orrin Hatch (R-Utah)

Photo: Rick Diamond/WireImage.com

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Major Music Reform Package Introduced By Bipartisan Senate Coalition

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The new comprehensive music package has strong bipartisan support
Brian Haack
Advocacy
May 11, 2018 - 4:35 pm

As the man once said, "The times they are a-changing."

After decades of stalled efforts to amend unfair and outdated music licensing laws – many of which have languished unchanged for decades, leaving creators hanging in the breeze – real progress in fixing the state of music law finally appears to be fast approaching.

Today, creators everywhere have great reason to be hopeful as Senator Orrin Hatch (R-Utah), along with the support of an impressive group of legislators from both sides of the political aisle including Senators Chuck Grassley (R-Iowa), Sheldon Whitehouse (D-R.I.), Lamar Alexander (R-Tenn.), Chris Coons (D-Del.), John Kennedy (R-La.), Kamala Harris (D-Calif.), Bob Corker (R-Tenn.), Dick Durbin (D-Ill.), Johnny Isakson (R-Ga.), Patrick Leahy (D-Vt.), Mike Crapo (R-Id.), Doug Jones (D-Ala.), Thom Tillis (R-N.C.), Bill Nelson (D-Fla.) David Perdue (R-Ga.), Shelley Moore Capito (R-W.V.), and Roy Blunt (R-M.), has officially introduced a package titled the Music Modernization Act (MMA) for review by the U.S. Senate.

The comprehensive reform proposal combines elements of four previously-introduced pieces of legislation – the original songwriter-focused Music Modernization Act; the Compensating Legacy Artists for their Songs, Service, & Important Contributions to Society Act, or CLASSICS Act; the Allocation for Music Producers, or AMP Act; and the Fair Play Fair Pay Act. A similar unified music package has already passed the House of Representatives with a unanimous 415 – 0 vote after previously passing  the House Judiciary with a likewise unanimous 32 – 0 vote.

Having been introduced to the Senate, the MMA is expected to be the focus of legislative hearing in the Senate Judiciary Committee on May 15.

"Today’s introduction is an important step toward enacting historic reform for our badly outdated music laws,” said Senator Hatch of the bill. “For far too long, our old-fashioned, disorganized way of collecting and distributing music royalties has resulted in songwriters and other content creators being paid far too little for their work. It’s also exposed digital music companies to significant liability and created overall uncertainty in the music marketplace. As a songwriter myself, I know how important these issues are. That’s why I’m so pleased we’re taking this significant step today to bring fairness and certainty to our music laws."

The Recording Academy's Chief Industry, Government, & Member Relations Officer Daryl P. Friedman applauded today's introduction, saying, "As the organization that represents music’s creators, the Recording Academy is grateful for the introduction of this comprehensive package.  The Academy’s songwriter, performer, producer and engineer members in every state will advocate for passage of the Music Modernization Act, and they thank Senators Hatch, Grassley, Whitehouse, and all the original cosponsors for their support of music makers."

With such a widespread groundswell of bipartisan support for these equitable reforms to music licensing laws that have been allowed to remain unchanged for a generation, it is imperative that the Senate recognize the direction the winds are blowing and enact change that protects an industry that provides nearly 2 million American jobs.

Contact Your Senators: Tell Them To Support Comprehensive Music Reform

Rep. Bob Goodlatte and Jason Mraz

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Is Congress Working On A Consolidated Copyright Reform Bill?

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Sources indicate the House Judiciary Committee chairman and ranking member are at work on an umbrella copyright bill, a step away from achieving comprehensive copyright reform (at last)
Philip Merrill
Advocacy
Mar 2, 2018 - 12:22 pm

"Hearing rumors that House Judiciary Chairman Bob Goodlatte and Ranking Democrat Jerry Nadler are going to introduce a new comprehensive music bill soon! That's a big signal that Congress could actually pass music licensing reform this year." — Conversations In Advocacy #11

Suspense is building that the music community hopes will soon be fulfilled. Tips indicate that Rep. Bob Goodlatte (R-Va.), chairman of the House Judiciary Committee, and Jerry Nadler, the committee's top Democrat, are putting together copyright reform legislation that would consolidate several separate music reform bills, which have gained unprecedented unified support, into one bill.

The rumored bill is expected to have the support of not just the music community, but also many digital platforms, broadcasters and stakeholder organizations.

The bill also comes on the heels of a Jan. 26 field hearing by the Committee during GRAMMY Week, where Recording Academy President/CEO Neil Portnow proposed the idea of comprehensive legislation, outlining to lawmakers how current laws — including complicated regulations dating back before the internet — do not protect the interest of modern-day music creators.

Portnow closed his testimony by imploring, "Just as creators can't be compartmentalized, neither should music legislation. There are issues of consensus that would help all creators, and they're ready to be marked up by this committee. … I urge this committee to mark up one comprehensive music licensing package of the consensus issues."

Other witnesses on the panel spoke specifically to those consensus issues that are rumored to be included in the Goodlatte package. GRAMMY-nominated songwriters Aloe Blacc and Tom Douglas spoke up at the hearing on behalf of the Music Modernization Act of 2017, a complex bill that would improve songwriters' rate standard, create a blanket licensing resource to comprehensively track song ownership and grant writers a fair share of digital mechanical royalties.

"This is a defining time for music licensing reform," Blacc testified. "I can tell you we are in desperate need of change if we're going to protect what is arguably America's greatest export: music."

The 1962 hit "Green Onions" by Booker T. and The M.G.'s was made 10 years before 1972 federal copyright legislation, leaving witness Booker T. Jones out in the cold with regard to getting paid when services use his GRAMMY Hall Of Fame recording. The CLASSICS Act would close this loophole for pre-1972 recordings, improving life for senior musicians while simplifying licensing administration for services.

"This uncertainty is bad for artists, and it's bad for the digital music services," Jones said.

The Allocation for Music Producers Act (AMP) would bring music producers into formal copyright law for the first time. Decorated producer Mike Clink spoke at the hearing about how it feels to lack copyright protection. "In fact, they are the only individuals directly involved in the creation of music to lack copyright protections," he said about producers.

While these three independent bills form the essential framework for an umbrella bill, they are not the only reforms rumored to be considered. For example, language from the Fair Play Fair Pay Act establishing willing buyer/willing seller compensation standards across all digital platforms is expected to be included as well.

At the GRAMMY Week field hearing, Rep. Darrell Issa (R-Calif.) spoke for many of his colleagues — and all the witnesses on the panel — when he beseeched Chairman Goodlatte to undertake the big step of combining years of the committee's work into a single, consolidated bill.

The MMA and CLASSICS Acts have also recently been introduced in the Senate. The feeling among music creators that there is momentum for change, at last, is strong.

Testifying on Jan. 26 alongside Portnow, multiple GRAMMY winner Dionne Warwick concluded with a wish shared by many.

"As I once sang [notably in 1967], I say a little prayer for you," she said referring to her GRAMMY-nominated hit "I Say A Little Prayer." "And [I] hope that this is the year when all those who write, sing, record, and produce the songs we love are recognized and appropriately compensated for their work."

Now that the music industry is speaking with one voice, please stand with us and let your representatives know how you feel

"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.

Rep. Doug Collins and Daryl Freidman

Rep. Doug Collins and Daryl Freidman

Photo: Paul Morigi/Getty Images

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Final Passage Of Music Modernization Act In The House Brings Copyright Reform Closer

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Next stop for copyright reform is the White House, for President Trump to sign the legislation into law
Philip Merrill
Advocacy
Sep 26, 2018 - 8:54 am

The U.S. House of Representatives began a new era in music copyright with its passage of the Orrin G. Hatch-Bob Goodlatte Music Modernization Act, the final version of the MMA which returned to the House for approval in its final modified version. Its next stop is the White House, where all that remains is for President Donald J. Trump to sign the MMA into law.

"The trajectory of the Music Modernization Act has shown the power of music creators to effect real change," says Recording Academy President/CEO Neil Portnow. "From its unanimous approval in the House of Representatives in April, to its passage in the Senate last week, we have seen unprecedented advocacy from the music community. With today's final passage of the bill in the House, we are one step away from the most sweeping music copyright reform since the 8-track tape era, and we look forward to this being signed into law."

The years leading up to this breakthrough began with a call to action in 2014 that has now been fulfilled, when Portnow told Congress it was time for unified music licensing reform. The Recording Academy and other stakeholders in the music community came together to produce 2018's unprecedented unity, an agreement on the principles now embodied in the MMA.

This unified support, combined with activism from the Recording Academy’s members and other music creators, and leadership frommembers of Congress like Reps. Collins, Goodlatte, Nadler, Issa, Jeffries, Crowley, and Rooney, and Senators Hatch, Grassley, Feinstein, Alexander, Coons, and Whitehouse, created the consensus that made unanimous passage of the MMA possible.

Our music reflects so much of what is special about America and with this legislation, the music business' many stakeholders can look forward to new rules of the road with benefits that will pay off for generations. Producers and engineers have been recognized and will now receive statutory protection for the first time ever. Artists whose work first appeared prior to 1972 will now be protected and receive compensation for online spins, and all recording artists will benefit when government rate-setting relies on a fair market standard.

Songwriters also benefit from this fair market standard while ASCAP and BMI will now have the opportunity to secure fairer compensation for their songwriters. And a new mechanical licensing clearinghouse will bring transparency and efficiency for royalty payments when works stream online.

The MMA is a historic achievement, yet one more step remains, as the many successful communities that come together in today's music ecology look to the President to finalize all the work that has led to this unprecedented consensus and sign the MMA into law.

Thank Your Lawmakers For Completing This Historic Achievement

Music Streaming

Photo: Guillaume Payen/SOPA Images/LightRocket/Getty Images

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As Streaming Grows, The Music Modernization Act Remains Crucial

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In light of the latest on-demand music streaming data, the need for the comprehensive Music Modernization Act intensifies
Nate Hertweck
Advocacy
Jul 18, 2018 - 4:15 pm

The tide has shifted. Music streaming's prevalence has gone from formidable to dominating in recent years, and it shows no signs of slowing. Unfortunately, with the speed at which the streaming world moves, the waves of change on the copyright legislation side have been slow to follow — but there's hope. With streaming continuing to grow, now is the time to pass the Music Modernization Act to keep music creators' heads above water.

The numbers don't lie. Neilsen reports on-demand audio streaming is up 45 percent over last year so far in 2018, while on-demand video streaming has risen 35 percent year-over-year. In all, streaming now accounts for 75 percent of non-radio music consumption in the U.S. The MMA, which has introduced comprehensive music reform, is the only legislation on the table attempting to update copyright law for the streaming age.

As the biggest proposed update to music legislation in the past 40 years, the bill will go a long way to affect how music creators are compensated for their work. The widely supported MMA has earned unprecedented bipartisan backing on its way to unanimous passage in the House of Representatives and  Senate Judiciary Committee. Its next stop on the road to real change is a full Senate vote.

The latest Nielson report also sheds light on the shocking reach of streaming platforms with a tally of 403 billion on-demand music streams so far in 2018, equating to 270 million albums sold by the standard scale of 1,500 streams to one album. These staggering numbers mean consumers have spoken via their listening habits, and that the appetite for music is as big as ever.

While streaming has its superstars, such as Drake and Post Malone, who have generated 3.3 billion and 3.1 billion streams so far this year respectively, music creators at all levels must adapt to earning a living in a streaming world. For the modern music maker, these ballooning streaming numbers are positioned as the income stream of the future to offset drastic declines in album and track sales, a trade-off that can't happen in earnest under outdated legislation.

The MMA will provide much-needed mutually beneficial policy reform to move our industry a giant step closer to fairly compensating the source of its product: the people who create music. With so much purpose and progress behind the Music Modernization Act, it’s time to push the bill across the finish line. Now is the time speak up on behalf of the MMA and its promise to build a more fair, transparent and relevant landscape for music creators.

Contact Your Senators: Tell Them To Support Comprehensive Music Reform