Angry dinosaur and selfie taker

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Like A Dinosaur, Big Radio Stubbornly Refuses To Evolve

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It's time for big terrestrial radio's old approach to (not) compensating music creators to go extinct
Todd Dupler
Advocacy
Jun 20, 2018 - 2:11 pm

This week, the sequel Jurassic World: Fallen Kingdom will roar into theaters, wowing audiences with another thrilling story that demonstrates why it's always a really bad idea to clone dinosaurs. But last week, a different kind of dinosaur announced a really bad idea of its own.

In the 25 years since the original Jurassic Park was released in 1993, the music ecosystem has changed dramatically. Back then, traditional AM/FM radio was the only option for consumers who wanted to listen to their favorite music. Today, the options are endless. Music fans can turn to Pandora, Spotify, SiriusXM, Amazon, Apple, YouTube, and countless other new digital radio services.

These services use different formats and business models to bring music to fans. And while each new platform has sometimes presented new challenges for artists and songwriters, for the most part the creative community has worked constructively with these emerging services to ensure that creators are properly compensated for their work. That's how we helped produce the Music Modernization Act, which is moving through Congress now with unprecedented consensus.

Unfortunately, there's still one industry that's stuck in the past: broadcast radio. As Jeff Goldblum's Jurassic Park character, the skeptic mathematician Dr. Ian Malcolm, puts it in the original film, "If there is one thing the history of evolution has taught us it's that life will not be contained. Life breaks free, it expands to new territories and crashes through barriers. … life finds a way."

But instead of evolving and adapting to the new music market place, "find a way" means something entirely different for the big radio companies represented by the National Association of Broadcasters. For Big Radio, "find a way" means asking the government for special favors to protect and even expand their old, tired business models.

On June 15, the NAB sent a letter to the Federal Communications Commission asking them to change the current ownership caps that have been in place since 1996. These caps limit how many radio stations any one company can own in any particular geographic market. In an era where media consolidation has resulted in homogenized radio playlists and reduced local ownership of broadcast stations, NAB wants to enable big media conglomerates to buy up even more local stations.

According to the NAB, they need the government's help to "ensure their financial viability today and into the future." Set aside for a moment that it's not the government's job to prop up yesterday's format. NAB leaves out the fact that the government has already given them a huge competitive advantage over their rivals.

Broadcast radio is still the only radio format that does not recognize a performance right for the use of sound recordings. That means they pay nothing to the artists who created the music that fuels their billion-dollar industry. And they're the only radio platform that enjoys this exemption. Internet radio pays artists. Satellite radio pays artists. Cable radio pays artists.

In their letter to the FCC, NAB acknowledges that it doesn't make any sense to treat these platforms differently: "Consumers may not know or care where Sirius XM, Spotify or Pandora are headquartered, but they know that they can listen to them in their cars, in their homes and in their offices — exactly where consumers can listen to AM/FM radio and where advertisers can reach those consumers."

So, if these platforms are all treated the same by the consumer, why aren't they treated the same in the law? If NAB really wants to level the playing field, they should start paying artists for their work just like every other radio platform does.

Ironically, NAB's favorite argument against paying performance royalties is the false assertion that paying such royalties would hurt local radio stations and force them out of business. But these are the same local radio stations that NAB wants to eliminate by tossing out the FCC media ownership caps.

Their position on media ownership demonstrates that they don't really care about local radio and never have. It's another reason why the Local Radio Freedom Act, the non-binding resolution that the NAB peddles to Congress every year, is simply a misleading distraction. Frozen in amber, big radio just wants to wring every free advantage they can out of the government to breathe new life into their fossilized market position.

In Jurassic Park, Dr. Malcolm admonishes the owner of the theme park. "Your scientists were so preoccupied with whether or not they could, they didn't stop to think if they should." That's good advice for the FCC as well. Until the NAB works with the music community to bring radio into the modern era, the agency should resist the urge to prop up an old dinosaur. Instead, they should leave the bad ideas on the big screen with the new dinosaurs.

Contact Your Senators Today And Tell Them To Support Comprehensive Music Reform

(Todd Dupler is the Senior Director of Advocacy & Public Policy for the Recording Academy.)

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

Conversations In Advocacy #36

Photo: Mark Reinstein/Getty IMages

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Music Modernization Act Takes Huge Step Forward: What's Next?

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As the MMA passes the Senate, we look at the champions behind the historic bill, its promise for a better system and the work left to be done
Nate Hertweck
Advocacy
Sep 21, 2018 - 12:41 pm

"As the music community rejoices around the Senate passing of the MMA, the collective efforts of the bill's many devoted champions are making all the difference – but there is still some work to be done…” –Conversations In Advocacy #36

The Music Modernization Act's latest victory of being passed by the U.S. Senate was hard won. Music creators, industry professionals, music tech, and politicians from both sides of the party line have united in support of the bill. Some of the MMA's more high profile supporters include the likes of Adam Levine, Maren Morris, Booker T. Jones, and Little Big Town, but the music community at large at large can celebrate leaping over this major hurdle on the path toward comprehensive music licensing reform.

Now formally titled The Orrin G. Hatch Music Modernization Act, the bill promises to have significant impact on the livelihood of the music creators by ensuring fairer and more accurate royalty rates for songwriters, copyright protection for producers and engineers, and proper compensation for artists.

The Recording Academy has been relentlessly instrumental in generating and sustaining a groundswell of support for the bill. Through constant advocacy efforts, its flagship GRAMMYs On The Hill Awards And Advocacy Day in Washington D.C. – which honored Little Big Town earlier this year – and the sprawling national grassroots District Advocate program, the Academy has engaged a mass of music creators to share their stories with lawmakers. The results are powerful. Harvey Mason Jr., GRAMMY-nominated songwriter/producer and Recording Academy National Advocacy Committee Co-Chair, called the MMA's passage by Senate, "a huge turning point."

But before the celebration can begin, the fight must continue. Now that the MMA has moved through the House of Representatives and the Senate, it will need to go back to the House one last time before it becomes law. This vote could come as early as next week.

As this historic copyright reform effort moves a giant step closer to the finish line, the music community must continue to rally, push and speak up on behalf of the MMA. While it is remarkable how far the bill has come, we cannot rest until we complete the job of enacting a better system for all.

Contact Your Representatives: Tell Them To Support Comprehensive Music Reform 

"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.

Mindi Abair

Mindi Abair

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Mindi Abair On How Her Royalties Fell By 90% In A Decade & What Comes Next

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The new co-chair of the Nation Advocacy Committee and GRAMMY-nominated songwriter/saxophonist details her music earnings free fall and how the Music Modernization Act can help in this exclusive interview
Nate Hertweck
Advocacy
Aug 29, 2018 - 3:12 pm

Stories of hard-working musicians struggling to survive in the face of unfair compensation are all too common today. Even sax songstress Mindi Abair can attest to the challenges, proving that successful touring and recording artist – a GRAMMY nominee – is not immune.

But Abair was not content to let these laws build barriers around her career. After several years of meeting with legislators during GRAMMYs On The Hill and using her platform as a national Trustee of the Recording Academy to enact change on Capitol Hill, now she's taken charge yet again as the co-chair of the Academy's National Advocacy Committee alongside producer Harvey Mason Jr.

One of the main initiatives of the group is to see that the Music Modernization Act is passed into law. The landmark bill promises comprehensive music licensing reform and has received bipartisan support on its way to passing unanimously in the House of Representatives and Senate Judiciary Committee – but there's still work to be done.

How do current music laws affect your livelihood?

I’ve watched my royalties diminish by about 90 percent over the last 10 years. And as an artist, I’m more popular and more established than 10 years ago. It’s a travesty that so many creators of music are having to make severe life adjustments to deal with the fact that our laws have not kept up with the exponential changes in technology that affect our livelihood. I write almost every song on my albums, but royalties on streaming music have not come close to what we were paid selling CDs and physical units. I wouldn’t be making a living based on my royalty income at this point in my career. I could have early on. Now my income comes from touring. Thank god my band is a live act. We were born and bred for touring and love it. But not everyone does. And it should be just one stream of income for an artist like me, not the whole enchilada. We need new laws that re-establish a fair rate of pay for all music creators.  

Why do you support the Music Modernization Act?

We are in such need for the modernization of laws for creators of music. The House of Representatives passed this legislation unanimously. Now it needs to pass the Senate to get to the President’s desk. This legislation is nothing that should be argued about in my estimation… this is just common sense modernization of the laws. Most people don’t realize that artists who recorded songs before 1972 have no right to collect royalties on them. It’s unimaginable that no one in our government has stood up for our musicians and artists until now on this. The Recording Academy has been fighting for this for years, and I’m proud to have been a part of that fight. I’m happy our lawmakers have taken notice now.

Also our producers and engineers have had to go through a lengthy process to be paid royalties on records and songs they work on. The artist and/or label owner must write a letter of direction to allow them to collect their royalties. This Music Modernization Act streamlines this to give producers and engineers their rightful path to proper payment. Producers and engineers are an integral part of creating songs and records. This legislation also gives digital services a more convenient way to license songs. This has been very convoluted in the past, and it’s good for everyone that we can simplify the process to license a song. I know we are all fans of music. Sometimes the details of how musicians, writers and performers get paid is a little daunting, but I applaud our lawmakers and artists coming together to bring this to the forefront of decision making on Capitol Hill. It’s time. 

What would you tell your fellow music makers about getting involved in advocacy?

It’s time to be a part of the solution instead of complaining about the state of the music business. Getting the Music Modernization Act passed by the House of Representatives is a huge feat.  It came after years of the Recording Academy lobbying with thousands of artists, writers, musicians, and creators of music to stand up for our rights. It takes that. It takes standing up for something you believe in that affects you. Our government has a million things being thrown at them daily. We have to make our voice heard. So if your royalties have all but evaporated and you’re trying to figure out how to navigate this music business of 2018, start by making your voice heard and help us change the laws so you can be fairly compensated. We need you… and our voices are being heard. Get involved. 

What are you working on now?

I’m on such a fun ride this year. My band Mindi Abair and The Boneshakers are touring all year. We haven’t stopped! We have dates all over the U.S. throughout 2018 – Blues and Music Festivals, Theaters, Cruises – we’re having a blast. Last month we won eight Independent Blues Awards including Artist of the Year, and we’re dropping a Christmas CD Oct. 26, Mindi Abair and The Boneshakers' All I Got For Christmas Is The Blues. It’s a rockin’ Christmas record made up of four originals and five classic songs. So look for us on the road… I know we’re coming your way. And enjoy the new Christmas music! 

Contact Your Senators: Tell Them To Support Comprehensive Music Reform

King Curtis

King Curtis, who played the sax solo on "Respect" by Aretha Franklin
Photo: Michael Ochs Archives/Getty Images

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Where’s The “Respect” For Older Artists and Musicians’ Royalties?

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The late “Queen of Soul” is amongst a slew of legacy artists and musicians who don't see their rightful royalties from digital radio thanks to a pre-1972 loophole in the music copyright law/ Passing the Music Modernization Act can change that
Nate Hertweck
Advocacy
Aug 24, 2018 - 3:53 pm

“When it comes to respect, SiriusXM has none for yesterday’s classic musicians and singers” -Conversations In Advocacy #32

Legendary artists, such as the late Aretha Franklin, have long been well-documented as being short-changed by the loopholes of copyright law, which only require internet and satellite radio to pay the writer and publisher for the songs they play, not the performers. In the case of Franklin's 1967 mega-hit "Respect," the distinction has always been painfully clear, as the song was famously written by the great Otis Redding and, even though it was totally reborn in her hands, Franklin received nothing from spins her version has received. Not fair.

But the case of "Respect" is merely one instance of unfair copyright law for performers of that era. In fact, from countless far-less-famous backing musicians to the one-hit wonders of the '50s and '60s have all missed out on collecting royalties for digital radio play.

Why? Because outdated federal copyright law exempts digital radio services from paying performer royalties on songs recorded before 1972, leaving so many musicians empty handed while internet and digital radio platforms continue to profit off these treasured hits.

Groups of that era who never achieved the continued success beyond their biggest hit, include such as the Tokens with 1961's “The Lion Sleeps Tonight,” the Kingsmen with 1963's “Louie Louie,” which was inducted into the GRAMMY Hall Of Fame in 1999, and the Troggs with 1966's “Wild Thing.” For these one-hit wonder artists, there is a stark miss-match between the unmistakable sound of their iconic hit records and lack of due payment for their performances even when they continue to be broadcast out to millions of listeners daily.

Additionally, countless musicians who played on the biggest hits of the era are also left out in the cold by the loopholes of the law like the late Eddie Willis, who died this past week. As a member of Motown's legendary backing band The Funk Brothers, Willis played guitar on a number of hits including the Marvelettes' "Please Mr. Postman" (1961), which was inducted into the GRAMMY Hall Of Fame in 2011, and Stevie Wonder's 1967 classic "I Was Made To Love Her."

While superstar artists such as Franklin were able to develop lasting careers beyond a single hit, and earn an income through a variety of channels, the pre-1972 exemption took a much tougher toll on acts with less longevity and the musicians who stayed behind the scenes. And while Franklin no doubt missed out on large quantities of royalties from "Respect," so did the unsung musicians who played on the recording such as the Muscle Shoals rhythm section players or saxophonist King Curtis, who played the song's remarkable key-shifing solo.

Fortunately, we are now at a point of great progress and potential in the battle to right these copyright wrongs. The Music Modernization Act stands to fix this baseless pre-1972 exemption and close the loophole for digital radio services, ensuring fair pay for all performers. The landmark bill has already passed unanimously in the House of Representatives and the Senate Judiciary Committee, and now is the time for music creators and consumers alike to take a stand for the musicians who played on the records we love so much.

Contact Your Senators: Tell Them To Support Comprehensive Music Reform