Senator Orrin Hatch (R-Utah)

Sen. Orrin Hatch (R-Utah)

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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After decades of stalled efforts to amend unfair and outdated music licensing laws – many of which have languished unchanged for decades, leaving creators hanging in the breeze – real progress in fixing the state of music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"Today’s introduction is an important step toward enacting historic reform for our badly outdated music laws,” said Senator Hatch of the bill.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

Justin Roberts meets Rep. McGovern, 2018

Songwriter Justin Roberts meets Rep. McGovern (D-MA.) At GRAMMYs On The Hill

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Justin Roberts, Smokey Robinson To Speak At Senate Hearing On MMA On May 15

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Top music creators are set to deliver testimony next week at pivotal Senate Judiciary Committee hearing on the Music Modernization Act
Brian Haack
Advocacy
May 9, 2018 - 3:18 pm

The Senate Judiciary Committee has officially scheduled their first hearing to review the Music Modernization Act (MMA) for May 15.

After years of sustained advocacy by the Recording Academy and its members, comprehensive music reform has gained new momentum in 2018. Just two weeks ago, the Music Modernization Act passed the House of Representatives with a unanimous 415 – 0 vote on April 25. This vote immediately  follows the unanimous approval by the House Judiciary Committee on April 11, where members passed the bill in a 32 – 0 vote.

The Senate hearing will see GRAMMY nominated singer/songwriter Justin Roberts testify on behalf of the music community, sharing his own experiences as a music creator. A member of the Recording Academy's Board of Trustees, Roberts will also serve as the Academy's witness. Also expected to testify at the hearing will be GRAMMY winner, GRAMMY Legend and Recording Academy Lifetime Achievement Award recipient Smokey Robinson and GRAMMY-winning songwriter Josh Kear.

Roberts, Robinson and Kear have all been active participants in the Recording Academy's advocacy work, with Roberts and Robinson speaking on behalf of the Academy at GRAMMYs On The Hill in 2018 and 2016, respectively. Kear, meanwhile, spoke with lawmakers as part of the Academy’s 2013 GRAMMY Week Congressional Briefing.

These artists are all taking the important step of testifying at next week's Senate hearing because of the comprehensive set of reforms that MMA represents. Incorporating some of the most important provisions of the AMP Act, the CLASSICS Act, and the Fair Play Fair Pay Act, the songwriter-focused Music Modernization Act will close the compensation loophole for works of recorded music created prior to 1972 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.

The time is now to enact equitable reforms to music licensing laws that have been allowed to remain unchanged for a generation and close loopholes that allow digital platforms to exploit creators without fair compensation.

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.

Conversations In Advocacy 7

PHOTO: ISTOCK/GETTY IMAGES

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Producer Mike Clink Delivers Testimony On Crucial Music Issues

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The platinum-selling producer conveyed the dire need for the modernization of copyright policy to protect and reward studio professionals behind the scenes
Nate Hertweck
Advocacy
Feb 2, 2018 - 3:20 pm

"Did you watch the House Judiciary Committee hearing on music issues last week? It was so great that they had witnesses representing all music creators. It wasn't just the big names you see on stage, but people that work behind the scenes like producer Mike Clink." — Conversations in Advocacy #7

Indeed, on Jan. 26 in New York City at the full House Judiciary Committee field hearing titled "Music Policy Issues: A Perspective From Those Who Make It," Mike Clink weighed in on behalf of those who work behind the scenes in the music industry.

Clink has spent the nearly four decades producing, recording and mixing some of the world's biggest artists, including the likes of Guns N' Roses, Mötley Crüe, Megadeth, and Heart. His unique perspective on the issues facing music creators started with articulating the critical role a producer plays in the creative process.

"Unlike recording artists, the role of the producer is less understood by the public — a sentiment reflected in copyright law, or lack thereof," said Clink. "Producers and other studio professionals, like sound engineers and mixers, work behind the scenes, but they are an integral part of the creative process for any sound recording. Their names might not be as well-known as the stars onstage, but it is safe to say there would be no stars without a producer behind them."

Producer Mike Clink at work in the recording studio

Producer Mike Clink at work in the recording studio
Photo: Matt Hayward/Getty Images

Clink pointed out that producers bring sound recordings to life across all genres, and that while a select few such studio professionals have become well-known names, such as George Martin, Quincy Jones and Pharrell Williams, the vast majority do not receive fame or fortune despite being so integral to the process.

"Despite their indispensable role in the creation of sound recordings, music producers have never been mentioned in federal copyright law," said Clink. "In fact, they are the only individuals directly involved in the creation of music to lack copyright protections. The omission of copyright protections diminishes their role as music makers and hinders their ability to directly collect royalties."

In a display of unity among the various key players in the music industry, Clink testified alongside a diverse lineup of music creators, including singer/songwriter Aloe Blacc, country songwriter Tom Douglas, three-time GRAMMY winner Booker T. Jones, Recording Academy President/CEO Neil Portnow, and five-time GRAMMY winner Dionne Warwick.

Mike Clink and Dionne Warwick testify at the House Judiciary Committee Field Hearing

Clink and Dionne Warwick testify at the House Judiciary Committee Field Hearing on Jan. 26, 2018, in New York City
Photo: Sean Zanni/Getty Images

However, Clink's unique perspective as a record producer made him the most suitable to address issues such as the implications of the omission of producers in the Digital Performance Right in Sound Recordings Act, the promising yet inefficient system of collecting digital royalties through SoundExchange, and the dire need for the Allocations For Music Producers Act.

"The AMP Act was reintroduced at the start of the 115th Congress, and would extend rights to producers, codifying into law their right to collect the royalties they are due. The bill now has the bipartisan support of 50 House members," said Clink, adding that the AMP Act is supported by major music organizations, including the Recording Academy.

But the AMP Act, while crucial, is one component of the effort to modernize copyright law. Clink closed his testimony with a compelling argument for a comprehensive approach to reform.

"Fair Play Fair Pay … would immediately benefit thousands of American performers, musicians, recording artists and studio professionals … while also ushering in much needed reforms that close outdated loopholes and level unlevel playing fields," said Clink. "Likewise, the CLASSICS Act… would address sound recordings released before 1972 and help clarify that they too would have federal copyright protections. Similarly, the Music Modernization Act… would address antiquated laws affecting songwriters."

Together, these bills have been endorsed by more than 20 music organizations, and offer Congress the "opportunity to solve multiple decades-long problems and inherent inequities in the law by ushering in solutions that are more reflective of the digital era," according to Clink, not only to "ensure a better present for today’s music makers, but to safeguard that the music makers of tomorrow can still enter this industry with the confidence and comfort to know that their work will be valued and protected."

Guns N' Roses' Slash Lobbies Congress For Fair Pay For Musicians

"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.