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.

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.

Recording Academy members made their case for the Music Modernization Act in front of the Senate Judiciary Committee on May 15

Advocacy

May 16, 2018 - 1:58 pm

On May 15 members of the Recording Academy joined executives from across the music industry totestify on Capitol Hill in support of music copyright reform. Their target audience, the Senate Judiciary Committee, heard about how current copyright law has hampered the music community and urged the committee to pass S. 2823, the Senate version of the Music Modernization Act.

The companion bill to H.R. 5447, which unanimously passed the House of Representatives less than a month ago, S. 2823 provides the first major reform to music copyright law in decades. On hand to hear how the new bill, which also has unprecedented backing across the music industry, would benefit those responsible for the music we love were 16 bipartisan committee members, including Chairman Chuck Grassley (R-Iowa) , Ranking Member Diane Feinstein (D-Calif.) and the bill's sponsor, Sen. Orrin Hatch (R-Utah).

Among the witnesses at the hearing were Recording Academy Trustee and GRAMMY-nominated children's music artist Justin Roberts, who testified on behalf of the Academy, and GRAMMY-winning Motown legend Smokey Robinson and GRAMMY-winning country songwriter Josh Kear, both Academy members.

"Many [Recording Academy] members — in fact most of America's music makers — are just like me: middle-class Americans and songwriters who are not household names," Roberts testified. "These middle-class artists use their training and talent to bring music to the world. Perhaps the least recognized among us are the music producers."

Roberts continued to describe the impact producers have had on his musical career, including Liam Davis, the producer who was instrumental in persuading him to pursue music as a professional career. He also acknowledged that while it would be easy for producers to simply ask for passage of the Allocation for Music Producers Act, a producer-focused music bill with wide support, it would be a "fundamental misunderstanding of the heart of a producer" for them to do so.

"As an artist, I can tell you most of us rely on the structure, steady hand and technical talent of a producer," Roberts continued. "The producer works with artists, but also songwriters, engineers, record labels, studio owners, and nearly everyone associated with the creation of a record. The producer takes care of all of us. So, it's no wonder that they want to see the AMP Act passed as part of the broader [Music Modernization Act] so that songwriters and legacy artists receive their fair share."

Robinson talked about how the provisions for recordings made pre-1972 were a crucial piece of the MMA. As the lead singer of the Miracles, hits under his name include classics such as "Shop Around," "I Second That Emotion" and "Tears Of A Clown." Yet Robinson isn't entitled to proper compensation from those hits because of the current copyright laws.

"Those happen to be some of the biggest records I've ever been associated with and to not be paid because they were prior to 1972 is ludicrous as far as I'm concerned," Robinson testified. "A lot of work went into making those songs, not just from the artists, but from the musicians, the writers, the producers, and people who were involved in making them and they deserve to be compensated."

Robinson also emphasized that current music copyright law impacts not only modern working musicians, but those who came before the current generation, including Dionne Warwick, the Supremes' Mary Wilson and Darlene Love, who were in the audience to support those testifying .

"The records of the '50s and '60s aren't called classics because of their age, they're called classics because of their greatness," Robinson said. "They still resonate today. They define the American sound."

This year has been a landmark for music copyright reform. In January, coinciding with GRAMMY Week, the House Judiciary Committee held a music-focused field hearing in New York, focusing on music copyright issues. Citing how current copyright law affects music creators, witnesses urged the committee to work to update copyright standards. Following the hearing, House Judiciary Committee Chairman Bob Goodlatte (R-Va.) and Ranking Member Jerrold Nadler (D-N.Y.) introduced the MMA to the full House of Representatives, which was unanimously passed on April 25.

"The Academy is pleased with the increased interest and dedication Congress has shown toward fixing outdated music copyright laws," said Recording Academy President/CEO Neil Portnow. "Music creators have long felt the impact of these outdated laws. Today's hearing demonstrates that Congress stands with them in recognizing the importance and urgency of creating a licensing framework that reflects our 21st-century marketplace."

Now under consideration in the Senate, the MMA represents a victory for all music creators. Harmonizing the music industry with one comprehensive piece of legislation, it aligns copyright law with the new music ecosystem, a position advocated by the Recording Academy since 2014, when Portnow testified before Congress.

This latest hearing in the Senate Judiciary Committee marks another positive step forward for music creators country-wide, and it's clear the bill has some great advocates in the Senate, which we hope will help this bill pass its final hurdles to becoming law.

"The exclusive rights and protections that our copyright laws grant are the foundation upon which America's creators and artists stand and thrive," Grassley said. "It's important that singers, songwriters, musicians, technical engineers, producers, and all the men and women who support the creativity and artistry behind American music be rewarded for their efforts and incentivized to continue producing their invaluable work."

"For too long our licensing laws have disadvantaged content creators and sowed uncertainty," said Hatch. "Our bill will bring our music licensing laws into the 21st century to ensure that songwriters are compensated fairly for their work, and that digital music services are able to operate without constant legal uncertainty."

Major Music Reform Package Introduced By Bipartisan Senate Coalition

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.

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.

Is Congress Working On A Consolidated Copyright Reform Bill?

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."

Fulfilling on a vision of copyright reform first proposed by @RecordingAcad, the music industry has banded together to support key music legislation.

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.

"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."

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.

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."

Some of the content on this site expresses viewpoints and opinions that are not those of the Recording Academy. Responsibility for the accuracy of information provided in stories not written by or specifically prepared for the Academy lies with the story's original source or writer. Content on this site does not reflect an endorsement or recommendation of any artist or music by the Recording Academy.