Capitol Steps

(L to R): Kevin Kadish, Harvey Mason jr., Robert Bell, Daryl Friedman, Kendra Foster, Evan Bogart, Jonathan Azu, Jim Lauderdale, and Anna Nalick.

Photo: Paul Morigi/WireImages

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The Recording Academy’s Songwriters & Composers Wing Town Hall: Here Were The Insights About Songwriter Royalties & Justice For Music Makers

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The S&C Wing hosted an in-depth discussion about the state of songwriter royalties and changes on the horizon regarding how songwriters are compensated
Montana Miller
Advocacy
Mar 25, 2022 - 12:55 pm

On Mar. 17, the Recording Academy’s Songwriters & Composer Wing held a town-hall meeting for its members to learn more about songwriter royalties and pending changes that will impact how much songwriters earn for their work.

This town hall comes at a crucial time as decisions are being made in Washington this year that will impact all songwriters for years to come. Not only are the Copyright Royalty Board Rate (CRB) Proceedings to decide royalty rates for the next five years occurring this spring, but there is also an ongoing appeal of the 2018 royalty rate decision.

The panelists included Todd Dupler, Acting Chief Advocacy & Public Policy Officer; Evan Bogart, Chair of the Songwriters & Composers Wing and Los Angeles Chapter Trustee; Colin Rushing, President of Duck Road Advisory and former Chief Legal Officer for SoundExchange, and Danielle Aguirre, Executive Vice President & General Counsel of the National Music Publishers’ Association. Together, they discussed the nuances of these court proceedings, how they affect songwriters, and what to expect moving forward.

Per the Copyright Act of 1909, individuals and companies that use music legally have the right to purchase the license to a song as long as they follow the terms of copyright law. This includes purchasing so-called "mechanical rights," or the right to make a copy and distribute somebody’s musical work or song. This is one of the licenses that companies such as Spotify, Apple Music, and Amazon Music use when they stream a songwriter's music on their platforms.

That’s where the CRB comes in. As the panel explained, the board is made up of three judges who decide what that royalty rate is for companies to purchase these rights via a proceeding that takes place every five years. This year, the CRB will meet to decide the rates for the next five years —essentially deciding how much songwriters will get paid when their work is used.

In the last proceedings, which concluded in early 2018, the CRB decided that the royalty rate would increase from 10% to 15.1%-- a 44% increase covering 2018-2022. This time around, the songwriting and publisher community are requesting that the CRB raise the rate to 20% during the 2023 – 2027 period.

However, it is not that clean-cut. As Aguirre laid out, the last rate increase has yet to go into effect. Streaming services — all but Apple Music — have been in the process of appealing the last decision since 2019. As a result, songwriters have been stuck with the 10% royalty rate established nearly a decade ago, which has had an unfair and harmful impact on songwriters whose source of income heavily relies on these royalties.

Bogart, himself an acclaimed songwriter, detailed how tough this appeal has been on songwriters around the country who thought they had secured a pay increase, only to be stuck with an outdated rate for their work. "It feels like — and I think a lot of songwriters feel this way — it feels like we’re pushing a boulder up the hill and then the boulder comes back down again," Bogart said.

As the town hall wrapped up, there was some hope for optimism in the immediate future. The appeal brought on by streaming services is set to come to a decision in the coming months. If a favorable decision is reached, songwriters will get the compensation they missed out on over the last five years.

This would be a silver lining to the fact that they missed out on this pay increase during critical times in our country. Additionally, the CRB is set to hold hearings this summer and could decide on higher royalty rates by the end of this year with those taking effect in 2023.

Once the dates for the CRB proceedings are set, you can find them here. The Academy and its Songwriters & Composers Wing will always fight for fair compensation for all songwriters. Visit the S&C Wing page to learn more about the Wing, and the Advocacy page to learn how to support all music people.

What Songwriters Need To Know About The Next Royalty Rate Decision​

 

India Arie

India Arie

Photo: David Crotty/Patrick McMullan via Getty Images

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Spotify Is In The Hot Seat: What Is The Real Reason?

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The current controversies surrounding Spotify have resurfaced the long-simmering frustration of many songwriters and musicians about low royalty rates from streaming services
Montana Miller
Morgan Enos
Advocacy
Feb 18, 2022 - 3:18 pm

Spotify may have made its most pivotal acquisition in 'The Joe Rogan Experience,' but it also just experienced its most thunderous controversy. And the firestorm gave artists and songwriters the opportunity to air their long-festering frustrations over the pennies on the dollar they're paid for their life's work — and this is just the latest chapter in a long saga of artists versus streamers.

This year, the United States Copyright Royalty Board will decide the new royalty rates for the mechanical licenses paid to songwriters and publishers—a decision that occurs every 5 years. There is a push from music creators for royalty rates to be changed to 20% of revenue this year from what streaming services are supposed to be currently paying them: 15.1%.  

However, as the Recording Academy pointed out in a recent article, the major streaming services such as Spotify, Apple Music, YouTube (Google), and Amazon Music proposed lowering mechanical rates back down to as low as 10.5 percent — thereby trying to lower the rate they compensate songwriters. Additionally, they wish to redefine what revenue goes towards those royalties — which would generate the lowest amount of royalties paid in 15 years.

"These streaming services have increased the reach of music and certainly promoted a lot of benefit to fans and music lovers," Todd Dupler, the Recording Academy's acting chief advocacy and public policy officer, told The Washington Post. "But the return for the artists and songwriters that are trying to make a living hasn't caught up there yet."

This divide was never as stark as during the pandemic. While the streaming rates aren't make or break for A-list artists, all songwriters and independent musicians deserve fair compensation for their work. Those who rely on tours and in-person events for their living suffered greatly when live music came to a halt. 

And even with concerts starting back up again, the road to recovery is a long one — and receiving fair compensation in the form of increased royalty rates would undoubtedly provide relief.

Said singer India Arie in a recent interview with Trevor Noah on “The Daily Show”, "This is just how it is; this is just what you get paid. But the labels and streaming platforms are making those decisions. And so they're telling you, This is what we've decided, this is what you get."

And as Thomas Gormon of alt-rock band Belly told Business Insider, "The focus initially starts on issues to do with Rogan, but I think what a lot of musicians and artists in our position are trying to do is use that as a way to open the conversation more into labor practices and usage."

Streaming services have invested a lot of money in expanding to podcasting. They are able to do this in part because of the revenue that music streaming has generated for the company. Meanwhile, the artists and songwriters are getting paid minimal amounts for their hard work.

How will this magnification of a longstanding issue pan out as the Spotify controversy heads into the rearview? Keep checking the Recording Academy's Advocacy page for up-to-date news on the fight to fairly compensate all music people for their tireless contributions to the soul of the nation — and world.

Memphis Chapter Gov. Boo Mitchell Testifies As Recording Academy Supporter At House Judiciary Music Hearing

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What Songwriters Need To Know About The Next Royalty Rate Decision

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In October, streaming services again asked the Copyright Royalty Board to lower royalty rates for songwriters. Here's a breakdown of what that might mean over the next several years.
Evan Bogart
Advocacy
Dec 10, 2021 - 8:55 am

Two weeks ago, the Recording Academy announced the nominees for the 64th GRAMMY Awards. We're proud to have nominated the highest number of songwriters in the history of the awards due to a groundbreaking rule change this year that created unprecedented inclusivity and recognition of the craft of songwriting.

Unfortunately, in October when digital services submitted proposed rates to the Copyright Royalty Board (CRB) for the next five-year period, which will cover 2023 through 2027, the major streaming services such as Spotify, Apple Music, YouTube (Google), and Amazon Music proposed lowering mechanical rates back down to as low as 10.5 percent — a mechanical rate lower than the current rate.

​​What does this mean? It means that streaming services are trying to lower the compensation rate they pay to songwriters. Additionally, they want to redefine what revenue goes towards those royalties, which would generate the lowest amount of royalties paid in 15 years.

If these proposed rates were adopted, the tech companies would continue to grow at the expense of the music creators who create the content that makes their businesses possible. That is unacceptable.

These submissions undoubtedly set the stage for an administrative proceeding and showdown that will start next year and include witness testimony from both the digital services and the music publishers. As a songwriter myself and the Chair of the Academy's Songwriters & Composers Wing, I am committed to making sure songwriters know what's at stake in the months ahead.

My friend and Recording Academy CEO Harvey Mason jr. frames the issue clearly, stating, “As streaming services continue to grow, it's imperative that they value the work of the songwriters that are the foundation of the music they use to fuel their businesses.”

DiMA (the Digital Media Association), which represents the streaming companies, attempted to shift attention away from the low rates proposed by its members by asserting that such proceedings only "help ensure that the music distribution system works efficiently and effectively," that songwriter royalties are affected by the terms of their deals with publishers, and that "the number of songwriters contributing to hit songs has grown astronomically."

On the other hand, the NMPA (National Music Publishers' Association) believes this to be endemic of a disconcerting paradigm. "It is disappointing, but not surprising, given how they have treated songwriters over the years," the NMPA said in a statement. "The next time you see a billboard, paid ad, or token gesture from a streaming service claiming to value songwriters, remember that their actions speak louder than any hollow gestures."

While it is essential that we ensure an equitable relationship between publishers and songwriters that includes full transparency, that has no bearing on the low rates that digital services are advocating for. If the streaming services prevail with their proposal, the small payments that songwriters receive from streaming and digital radio would shrink even further and music would be further devalued, jeopardizing the income and livelihood of songwriters.

During the last rate setting for the period stretching from 2018 through 2022, songwriters and publishers won a hard-earned victory as the CRB actually increased mechanical royalty rates by 44 percent, a decision that has been defended by the Recording Academy. Unfortunately, that decision was appealed by the streaming services and is still tied up in litigation, meaning those higher rates have never gone into effect.

At the same time, the CRB also recently reopened the comment period for setting rates on mechanical royalties for physical records and downloads. Music publishers and record labels had proposed keeping this rate frozen at 9.1 cents per song, the same as it's been since 2006. But critics in the songwriter community sought the opportunity to provide additional input on the impact of the outdated rate.

The CRB hearings for the new rate setting won't begin until April 2022, so there's a long process ahead before the rates are formally set by the CRB. In the meantime, continue to watch this space for updates and ways you can get involved to ensure all music makers are paid fairly for their work.

Learn More About The Songwriters & Composers Wing

Photo of Todd Dupler, Vice President of Advocacy & Public Policy, the Recording Academy

Todd Dupler, Vice President of Advocacy & Public Policy, the Recording Academy

Photo Courtesy of Recording Academy® / Getty Images©

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Recording Academy Appoints Todd Dupler To Vice President, Advocacy & Public Policy

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In his role, Todd Dupler works with the Recording Academy's leadership to develop policy positions on issues affecting the music community and represents the interests of the Academy's members before Congress and federal agencies
Advocacy
Sep 30, 2021 - 2:21 pm

On Sept. 24, the Recording Academy announced the appointment of Todd Dupler as Vice President of Advocacy & Public Policy, effective immediately. Dupler will report to Chief Advocacy & Public Policy Officer Daryl Friedman, whose title recently updated from Chief Advocacy Officer.

In his role, Dupler works with the Academy's leadership to develop policy positions on issues affecting the music community and represents the interests of the Academy's members before Congress and federal agencies. He also coordinates state and local advocacy with the Academy's 12 regional Chapters. 

Friedman continues to oversee the advocacy division focused on championing creators' rights and elevating important policy issues that stand to affect the music community. He also orchestrates cross-departmental efforts to advance the overall advocacy goals of the Recording Academy.

"I'm thrilled to welcome Todd into his elevated role as Vice President of Advocacy & Public Policy," Harvey Mason jr., CEO of the Recording Academy, said. "His track record for advocating on behalf of music creators nationwide has proven to be invaluable to the music community. As we continue to evolve to better serve the music industry at large, we are excited to see what great work he will lead to ensure fair treatment and compensation for music creators."

Dupler joined the Recording Academy in 2012 and most recently served as Managing Director of Advocacy & Public Policy. He was instrumental in launching the Academy's District Advocate program—the largest grassroots music advocacy initiative of its kind—as well as the GRAMMY Fund for Music Creators, the Recording Academy's political action committee, where he currently acts as the GRAMMY Fund's Treasurer. He has also managed the GRAMMYs on the Hill Advocacy Day for nine years.

Dupler has over two decades of experience in Washington, D.C., and extensive knowledge of Capitol Hill and the legislative process. Prior to joining the Recording Academy, he served on the legislative staffs of two members of Congress and a United States senator, including serving as the legislative director to the chairman of the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet. 

In this role, Dupler helped facilitate negotiations to reform copyright law and was a liaison to stakeholders in the creative industries. In addition, he was also a presidential appointee at the U.S. Department of Labor and has experience in state government.

He is a member of the State Bar of Texas and serves on the board of the Texas State Society of Washington, D.C. He also previously served on the board of the Copyright Alliance. He received a J.D. from the Georgetown University Law Center and a Bachelor of Arts degree in history and political science from Baylor University.

The Recording Academy welcomes Todd Dupler to his new station in the Advocacy department and couldn't be more thrilled to see how he applies his acumen to further support all music creators!

Songwriters & Composers Wing: Celebrating Decades of Advocacy

Photo of Harvey Mason jr.

Harvey Mason jr.

Photo Courtesy of Harvey Mason jr.

 
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Inside Harvey Mason jr.'s Journey From Producer, Songwriter & Advocate To Recording Academy President/CEO

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As Harvey Mason jr. stated during the 2021 GRAMMY Awards show, he initially joined the Recording Academy so he could vote for himself. But this humble admission belies two decades as an outspoken champion and advocate for all music creators
Morgan Enos
Advocacy
May 21, 2021 - 6:35 am

Whether as the Interim President/CEO or the President/CEO proper, Harvey Mason jr.'s trademark is his humble, unassuming air. 

Upon accepting the full-time role, "While I had not initially expected to be in this position, I remain deeply invested in the success of the organization and am motivated to help us achieve our greatest ambitions," he stated in a press release. And during a segment in the 2021 GRAMMY Awards show, Mason freely admitted he originally joined the Academy to cast a vote for himself.

This charmingly "Who, me?" demeanor is just an exterior, though; Mason has been chosen to lead the Recording Academy for very good reasons. Over the last two decades, he has proven to be an outspoken champion and advocate for all music creators. 

From participating in District Advocate to speaking in front of Congress, let's take a look back at Harvey's accomplishments as a music advocate.

Advocacy Committee

Let's rewind to 2016, before Mason was the Chairman of the Board of Trustees at the Recording Academy. At that point, he co-chaired the Academy's National Advocacy Committee, which is responsible for establishing and executing the organization's advocacy positions and priorities. In this role, Mason ensured that the Academy upheld its commitments to all music creators and pushed policymakers towards developing an equitable music ecosystem.

Congressional Panel

Fighting for the rights of music creators on the airwaves has long been a chief concern of Recording Academy advocates, and in 2020, Mason put this value into action. 

That May, he spoke in front of the Senate Judiciary Intellectual Property Subcommittee on the scope of music rights in sound recordings, the dire need for the United States to establish a performance right for sound recordings on AM/FM radio, and the importance of supporting music creators in the next phase of COVID-19 relief stimulus.

"Any future relief package should get people back to work, not give industries unfair advantages," Mason stated. "Unfortunately, musicians will not be able to get back to live performances soon, so the next stimulus should ensure they get paid fairly for their music that has been a lifeline for our fellow citizens."

Department Of Justice Letter

In 2014, Mason signed on to a letter encouraging the Department of Justice to review the ASCAP and BMI consent decrees. 

"The music economy is changing rapidly … and the Consent Decrees have hampered the ability of ASCAP and BMI to respond to those changes in a way that provides fair value to their—and The Academy's—members," the letter read in part. Professional songwriters will only be able to make a secure living if they receive fair compensation for the public performance of their works by digital music services."

District Advocate

Each year, thousands of members across the country mobilize to lobby their members of Congress during the Academy's District Advocate activation. Mason become a frequent sight at these activations, including moderating a conversation with Rep. Brad Sherman (D-Calif.) and Los Angeles Chapter Executive Director Qiana Conley in 2019.

Federal Communications Commission

On a note of security and privacy, Mason visited the Federal Communications Commission (FCC) to educate Commissioners and staff on the importance of protecting wireless microphones for the music industry.

GRAMMYs On The Hill 

Mason has also participated in the Academy's GRAMMYs On The Hill Awards and Advocacy Day, an annual activation in Washington, D.C. that recognizes artists and legislators who have made significant contributions to the music community. (GRAMMYs On The Hill will return on September 22, 2021.)

Holiday Reception

On a lighter note, in 2013, Mason helped get legislators in the festive mood by joining the Academy team's annual holiday reception in Washington, D.C. Mason was even kind enough to play piano for a captivated audience of members of Congress!

Songwriters & Composers Wing

As a songwriter in his own right, Mason has used his platform to advocate for causes most important to this section of the creative community. Under his leadership, the Academy launched the Songwriters & Composers Wing in March.

While the S&C Wing is new, the tireless work by its members is not. Over the years, they have proven to be an instrumental part of the Academy's advocacy work. Together, they have fought for fair market rate standards, the modernization of the mechanical royalty collection process, and, most recently, financial relief to overcome the COVID-19 pandemic.

The Advocacy team and all music advocates thank Harvey Mason jr. for his endless commitment to our causes. Together, we look forward to advancing the legislative agenda of all music creators for years to come!

Read More: Congress: It's Time To Side With Music Creators Over Big Radio