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Recording Academy Advocacy Hits SXSW

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The future looked bright in Texas at this year's conference and festival as our music community demonstrated it is coming together like never before
Philip Merrill
Advocacy
Mar 22, 2019 - 3:23 pm

"SXSW was the place to be again this year, and Advocacy issues generated excitement as well as packed audiences at the festival's conference and the Recording Academy’s Texas Chapter Block Party"—Conversations In Advocacy #49

The SXSW Conference & Music Festival were held March 11–17, 2019 in Austin, Texas, and the Recording Academy and its Advocacy team were there to amplify issues that matter to the community of music creators. Highlights included a block party put on by the Academy’s Texas Chapter and a panel on music copyright and the MMA, which included the Academy’s Senior Director of Advocacy & Public Policy, Todd Dupler as a speaker.

On March 14, Rep. Lloyd Doggett (D-Texas) joined the Texas Chapter Block Party, speaking to the crowd about his support for the Music Modernization Act, what he called the most significant music copyright bill in 40 years. Doggett also reaffirmed his support for establishing a performance right on AM/FM radio, as he noted he was the first Texan to cosponsor the Fair Play Fair Pay Act during the 115th Congress. Academy members and their guests were enthusiastic to hear Doggett championing the importance of correcting this age-old injustice to deny musicians’ compensation for their work.

On March 15, the Academy’s Todd Dupler joined a panel for the conference's "Copyright at the Crossroads: The Present and Prognostications." Billed as "a hard-hitting, copyright-focused panel on the impact of current legal and technological developments affecting the present and future music industry," a full house followed closely as the panelists discussed such weighty issues as the U.S. Supreme Court's recent Fourth Estate decision — a critical set-back for timely enforcement of creative rights. Artificial intelligence and holograms were also front-and-center, not just as burgeoning areas, but also because both have already taken firm hold in the music industry. Other topics included digital first sale doctrine, copyright terminations and the implementation of the MMA's comprehensive copyright reform — a progress we must ensure continues successfully. As Dupler observed, we are trying to "modernize an 8-track copyright law for a digital streaming music world."

After reflecting on the week at SXSW and the many conversations he had with songwriters and artists, Dupler penned an advocacy blog post regarding the ongoing controversy over streaming services and royalty rates.

2018 was a year of unprecedented accomplishment and the music community is poised to build on last year's momentum in 2019. Texas' SXSW helped show what we have going for us as we move ahead to next month's GRAMMYs on the Hill.

Momentum For Music Creators Continues With Recording Arts & Sciences Congressional Caucus

"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: Sam Mellish/In Pictures/Getty Images

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Behind The Record + Advocacy: Moving Music Creators To The Front

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Learn how the latest Recording Academy initiative to #GiveCredit is supported by the year-round work of its Advocacy efforts to champion music creators' rights
Nate Hertweck
Advocacy
Oct 25, 2019 - 2:14 pm

"Just as album credits are essential for inspiring and educating listeners with information about their favorite recordings, they are also a critical first step in ensuring those credited are paid proper royalties." –Conversations In Advocacy #67

The tide is shifting in the music industry, and album credits are officially back. Today the Recording Academy launches Behind The Record, a global social media initiative to bring the names of producers, engineers, songwriters, composers and other collaborators who worked on the record to the front.

For many music professionals, album credits played a key role in their inspiration to work in the music field. Most music makers flipped over a vinyl record cover or thumbed through a CD booklet to find out exactly who made the sounds that moved them. But with the advent of streaming, this critical information was lost in favor of convenience of on-demand anywhere listening.

Behind The Record Celebrates All Music Creators

Behind The Record leads the surge to put this information back in the hands of the fans. Supporters of the initiative further prove the resurrection of album credits is here to stay and include on line database Jaxta, and streaming service Tidal, and internet radio service Pandora, who has also added song credits to their platforms.

This exciting new movement underscores the tireless, year-round work the Recording Academy Advocacy team to fight for music creators' rights on Capitol Hill. Just as album credits are essential to inspiring and educating listeners with information about their favorite recordings, they are also critical in ensuring those credited are paid proper royalties.

But album credits are only the first step in the process. Next, our laws must reflect what’s needed in digital world and that all creators on a track are able to get fair compensation. Through our Advocacy work in concert with the Recording Academy Producers & Engineers Wing

Specifically, the Allocation For Music Producers (AMP) Act, introduced last year to codify into law the way producers and engineers are paid for their work, "mark[ed] the first time U.S. legislation would protect the rights of the studio professionals who help create the essence of the recordings we love," according to Daryl Friedman, Chief Industry, Government, & Member Relations Officer for the Recording Academy. With bipartisan support in Washington and support from studio professionals across the industry, the AMP Act was included in the historic Music Modernization Act (MMA), which has benefitted songwriters, artists and studio professionals immensely since being passed one year ago.

The MMA also requires a comprehensive database to be built and managed by the Mechanical Licensing Collective that will be inclusive of the many creatives who contribute to a song. The fight for the landmark legislation and its ultimate passing into law also helps boost fair compensation for the behind-the-scenes songwriters and backing musicians and vocalists, proving that Advocacy works.

So as we celebrate the return of album credits with the launch of Behind The Record, we are reminded of the important role lawmakers play in building a better future for music. Earlier this month, nearly 2,000 members of the Recording Academy met with their local members of Congress during District Advocate day to do just that.

It can be a long road from the moment inspiration strikes a music maker to the moment royalties land in their band account. Shouldn't every creator be entitled to credit for their work? Shouldn't our laws protect and support them to ensure they are fairly compensated for their work? Today, as we celebrate Behind The Record and the work of the Recording Academy's Advocacy efforts, we answer proudly: absolutely.

For more information on Behind The Record, please contact givecredit@recordingacademy.com or visit www.grammy.com/behindtherecord.

How The Music Modernization Act Has Already Benefited Legacy Artists

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Assistant Atorney General Makan Delrahim

Photo: Tasos Katopodis/WireImage

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ASCAP and BMI Consent Decrees Debate Discussed In Senate Judiciary Hearing

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As stakeholders' comments on consent decrees are reviewed by DOJ, Assistant Attorney General Makan Delrahim weighs in
Nate Hertweck
Advocacy
Sep 18, 2019 - 3:35 pm

At yesterday's Senate Judiciary Hearing, a number of antitrust issues were raised, but the Department Of Justice's ongoing review of the ASCAP and BMI consent decrees were center stage for music creators. The consent decrees, which govern the process by which the two performing rights organizations license rights to publicly perform music, have stayed the same for nearly 80 years while the industry around them has changed drastically. The DOJ’s review has led to significant interest from stakeholders affected by the consent decrees, who have weighed in with hundreds of comments. And Congress has noticed.

And, following the passage of Music Modernization Act last October, Congress might have more of a say in the future of the consent decrees.  The Music Modernization Act contained a reporting requirement instructing the DOJ to inform the Senate and House Judiciary Committees of any planned actions affecting the ASCAP and BMI consent decrees. 

During yesterday's hearing, Sen. Patrick Leahy (D-Vt.) asked Assistant Attorney General Makan Delrahim, one of the panel’s two witnesses, if the DOJ had complied with the Music Modernization Act ahead of their review of the music decrees. Delrahim reassured the committee that they've given reasonable advance notice to both the House and Senate committees before opening the matter to public comment, and pledged to keep lawmakers informed of any further action or decision.

Delrahim also explained the reasoning behind the agency’s review of the ASCAP and BMI consent decrees, the process his department is undertaking, and a rough timeline on when to expect next steps. The Assistant Attorney General, who served as keynote speaker during GRAMMYs on the Hill in April, did not give any indication on the outcome of the review.

Everyone from songwriters to publishers to non-music trade groups to small town venues have submitted comments for consideration. The Recording Academy spoke up on behalf of the thousands of songwriters represented by its membership, urging the DOJ to keep its focus on promoting competition through fair compensation.

"The consent decrees, which were initially put in place to promote competition, now constrain competition," the Academy's comments read. "ASCAP and BMI do not have the ability to experiment and innovate with new kinds of licenses that meet the needs of different customers. Accordingly, the outcome of any review of the consent decrees governing ASCAP and BMI should be less regulation, not more."

As the DOJ considers perspectives from all affected by consent decrees, the Recording Academy's comments also advise them to, "Pursue an outcome that provides every songwriter with the opportunity to secure compensation for their work in a fair marketplace,"

The hearing went on to cover other topics relevant to the music industry, including issues surround the ticketing marketplace, and with District Advocate day right around the corner on Oct. 2, music makers are becoming more involved in the outcome of their lawmakers' moves. For instance, with the CASE Act moving closer and closer to the president's desk and the long overdue need for Congress to pass radio performance rights looming, can the momentum of the Music Modernization Act continue to fill the sails of change to more outdated music policy? If yesterday's hearing is any indication, the answer is on the way soon.

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

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(L-R) Rep. Kevin McCarthy (R-Calif.), Neil Portnow and Rep. Nancy Pelosi (D-Calif.)
Photo by Paul Morigi/WireImage

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Neil Portnow's Legacy Of Advocacy: Retrospective Of A Creators' Rights Champion

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From his vision to make Advocacy a Recording Academy pillar to his tireless work toward enacting the Music Modernization Act, Portnow's contributions will continue to improve the livelihoods of music creators for generations to come
Nate Hertweck
Advocacy
Jul 24, 2019 - 10:33 am

Neil Portnow's tenure as Recording Academy President and CEO will come to a coda on July 31 with his retirement, but his devoted Advocacy work on behalf of music creators will resonate and reverberate throughout the music community. Since taking over the prestigious role in November 2002 he has made it his mission to raise the voice of the Academy on behalf of music makers to create meaningful policy changes that build a better system for songwriters, musicians, artists, producers and engineers. Now, nearly 17 years later, we look back and celebrate his remarkable career wins as wins for the whole of the music industry.

Portnow's long list of accomplishments, milestones, programs launched, and legislation passed shows what is possible through hard work, collaboration, and passion for the betterment of the music community. His leadership proved to all that with dedication, anything is possible. Just last November, Portnow stood at President Donald Trump's right elbow as the Music Modernization Act was signed into law. The MMA represents the biggest update to music legislation in 40 years, and Portnow was there to shepherd the bill from inception to fruition. President Trump even made mention of the Recording Academy’s leader as he put the finishing touch on the monumental moment. That's how integral Neil Portnow has been to music policy.

But Portnow's lasting impression on the modern music industry began long before his watershed legislative triumph. In fact, his very first remarks as Recording Academy President laid out the organization's core pillars, setting advocacy as a true Academy priority for the first time ever. Before Neil, Advocacy was a project of the Washington D.C. Chapter, but Portnow saw the value, responsibility and urgency of creating a distinct Advocacy department with a dedicated public policy team.

In 2005, while still in the springtide of his tenure, Portnow helped launch the Recording Arts and Sciences Congressional Caucus and expanded the popular GRAMMYs On The Hill Awards ceremony to include a high-level lobby day to better educate lawmakers on music makers’ issues and to connect music makers and lawmakers

He also laid out the vision for the first-of-its-kind grassroots music advocacy day, now known as District Advocate Day, to take place simultaneously with thousands of music creators nationwide connecting with members of Congress to discuss what matters to the music community. Last year's District Advocate Day saw more than 1,500 music creators raise their voice and meet with their representatives.

Portnow's vision for creating comprehensive change to an outdated music licensing laws began to take focus when he saw discrete bills for songwriters or producers or artists fail to be passed. On Apr. 2, 2014 during the GRAMMYs On The Hill Awards, he delivered a momentous speech to a record-turnout packed house calling for unity within the music industry to achieve parity for all creators across all platforms. The galvanizing speech was featured in an advance story in The New York Times, and in an editorial in Hill publication Roll Call. Two months later on June 10, he testified before the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet on the issue of music licensing, where he was the only one of seven witnesses to represent all music creators.

On Jan. 8, 2018, Portow led the Academy in joining a broad coalition of 20 music organizations to support key music legislation pending in Congress, fulfilling a Recording Academy vision for legislative unity. With the coalition in place, artists, songwriters, labels, publishers, and performing rights organizations united to endorse music licensing bills including the elements that formed the foundation of the Music Modernization Act. This action marks a significant step forward towards creating a fair and updated marketplace for music creators.

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Neil Portnow speaks at GRAMMYs On The Hill Advocacy Day, April 26, 2012
Photo: Paul Morigi/WireImage

When the milestone 60th GRAMMY Awards came around later that January, Music's Biggest Night and the many GRAMMY Week festivities traveled to New York City, Portnow's hometown, for the first time since 2003. That same week in the Big Apple, the House Judiciary Committee held a special GRAMMY field hearing with Portnow and other Recording Academy witnesses and Trustees titled "Music Policy Issues: A Perspective From Those Who Make It." The hearing sets the stage for significant progress towards updating current music legislation.

Drafting off the GRAMMY Week momentum in New York, House Judiciary Committee Chairman Bob Goodlatte (R- Va.) and Ranking Member Jerrold Nadler (D-N.Y.) went back to D.C. and started stitching together the comprehensive bill after the hearing. One week before April's GRAMMYs on the Hill, Goodlatte and Nadler introduced the Music Modernization Act (H.R. 5447).

Where the worlds of music and politics overlap, Portnow made it his business and the Academy's business to coalesce, to understand and to unite.

During GRAMMYs On The Hill, Portnow was part of the catalyst to bring the newly introduced MMA to the floor for votes, ultimately pushing the landmark legislation over the finish line just a few short months later.

Fittingly, Portnow would be not only attend the White House ceremony when the the Orrin G. Hatch-Bob Goodlatte Music Modernization Act was signed into law by President Trump on Oct. 11, 2018. but also receive special thanks form the president. This storybook ending came only after years of hard work to realize the bill that brings music licensing into the 21st century with one comprehensive piece of legislation, a position championed by Portnow and advocated by the Recording Academy since 2014.

While the Music Modernization Act stands as Portnow's crowning accomplishment in advocacy, the product of a career of hard work, but it was far from the only legislative accomplishment under his tenure. Portnow fought persistently to preserve and increase NEA funding and music education reminding budget-setters why arts funding is so important for both fostering a healthy entertainment industry and enriching the minds and spirits of the next generation with the joy and knowledge of music.

As a voice for the music community, Portnow spent his career at the Recording Academy fighting to improve the system that governs the music industry, uniting music and politics with diplomacy, efficacy and class. As the Recording Academy bids Neil a very fine and grateful farewell, it also celebrates the many ways his Advocacy efforts will continue to support music creators long after his retirement.

Neil Portnow Looks Ahead At 2019 GRAMMY Awards

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Photo: John Parra/Getty Images

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Spotify Gives New Meaning To Family Dysfunction

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Summer brings another slight for songwriters from Spotify, as the massive streaming company claims it overpaid them based on its family-plan miscalculations
Todd Dupler
Advocacy
Jun 28, 2019 - 11:41 am

Summer is in full swing, and one of the things I look forward to the most during the summer season is spending more time with my family. And I know I’m not the only one: kids are out of school, parents can take vacations, and life seems to slow down a little bit. Check your social media and you’ll see it – friends are posting photos of family vacations, or of family reunions, or maybe just lazy afternoons with the family at the neighborhood swimming pool. Family.

But summer is also the season of sequels, and after making a big splash this spring by contesting a royalty rate increase for songwriters, Spotify is back with a new blockbuster in their effort to underpay creators that rivals any horror film. And it hinges on that same word: Family.

You may recall that in March, Spotify announced that it would challenge a ruling by the Copyright Royalty Board (CRB) that raised payments to songwriters and publishers by nearly 44 percent, the largest increase for songwriters in the history of the CRB. While that challenge is pending, last week Spotify announced that according to the new, higher rates, it has actually overpaid songwriters.

When establishing the new rate increase, the CRB also provided a discount on the rate for family subscription plans offered by digital streaming services like Spotify. Instead of counting every member of a family as a subscriber, a family plan only counts as 1.5 subscribers. So Spotify went back and recalculated all of its payments since the rates went into effect and decided they want to use the “family discount.”

Businesses use “family discounts” to help make life just a little bit easier for families. A family discount might mean you can all go out to a nice dinner once in a while or stretch your dollar a little further when you take a trip. Similarly, a family subscription plan may make it easier for a family to pay for all the music they listen to, but Spotify has turned the idea on its head to make life harder for the families of working songwriters who rely on the royalties they receive from streaming to make a living.

Think about that for a moment. Spotify has taken an idea that’s intended to help families, and twisted it into something that will punish songwriters and their families. As the Recording Academy’s Daryl Friedman put it, “Spotify’s so-called ‘overpayment’ is simply the latest example of a company seeking to pay as little as possible for the music that drives its business. The irony is that they’re using their ‘family plan’ to justify this move, while the only family plan for songwriters is planning how they can feed their family on Spotify royalties.”

I like to think of the music community as a kind of family too. Songwriters, performers, studio professionals, labels, publishers, and streaming services all come from different places and do different things, but we all rely on each other to thrive and to create and deliver music to fans. After the historic passage of the Music Modernization Act, we demonstrated that when we treat each other like family, we can be successful and achieve things that will benefit everyone. Music creators are eager to keep moving forward, but Spotify insists on extending songwriters a fist instead of an open hand. Spotify must stop reducing songwriters to another cost of doing business and start embracing them like family.

Music Revenue: Where The Money Comes From & Where It Goes