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Rep. Joe Crowley (D-NY), Slash of Guns N' Roses, Producer Mike Clink and Committee Chairman Rep. Bob Goodlatte (R-VA)
Photo: Paul Morigi/WireImage for the Recording Academy

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Giving Thanks To Music's Biggest Advocates Waving Goodbye To Washington

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As Thanksgiving approaches, the music community has much to be grateful for from these retiring Congressional champions of creators' rights
Nate Hertweck
Advocacy
Nov 14, 2018 - 3:44 pm

This year has marked a watershed in the overlapped world of music and politics. The enactment of the Hatch-Goodlatte Music Modernization Act represented the culminations of years of tireless work toward comprehensive music licensing and copyright reform. Last week's Midterm Elections changed the landscape in Congress, with the Democratic Party taking over the majority in the House of Representatives and the Republican Party expanding its majority in the Senate.

But through all this political activity of 2018, we are reminded that the achievements and progress would not have been possible without the dedication and integrity of many supportive elected leaders. As new incoming lawmakers make their way to Washington, and hard-working music creators refuel their drive toward the next frontier of creators' rights, some of the most impactful Congressional champions are preparing to leave Washington after years of service

Sep 10, 2018 – 1:47 pm

Congressman Goodlatte For The Music Modernization Act

Let's take a look at a few of our strongest retiring allies in Congress who are leaving a legacy of fairness and progress for music creators. Their willingness to listen to the professional music community and navigate our needs through the political process in order to build a better system is truly the stuff of champions.

A man so integral to the MMA his name was attached to it, Representative Bob Goodlatte (R-Va) was a patient force behind a multi-year effort to enact lasting copyright reform that produced the Hatch-Goodlatte Music Modernization Act. Goodlatte earned a reputation as an honest broker who seeks to solve complex issues through consensus. He also served as Chairman of the House Judiciary Committee and was honored at the 2015 GRAMMYs On The Hill Awards for his support for copyright and his understanding of music creator's unique role in American life.

Representative Joe Crowley (D-NY) will be ending his term this year. As the lead Democratic sponsor of the Allocations For Music Producers (AMP) Act, which was included in the MMA, Crowley's support went a long way toward the ultimate passage of the MMA. Crowley most recently served as Democratic Caucus Chair. The lead Republican sponsor of the AMP Act, Representative Tom Rooney (R-Fla) is also retiring this year. Rooney and Crowley were both honored alongside Zac Brown Band at the 2016 GRAMMYs On The Hill Awards for their years of support for music creators. These two co-sponsors of AMP actually went into the recording studio together back in 2011 as part of the first-ever recording session of the GRAMMY Congressional Band with Crowley on vocals/guitars and Rooney on drums.

Representative Darrell Issa (R-Calif.) introduced the CLASSICS Act in July 2017, which set out to close the loophole for digital radio to finally compensate pre-1972 recordings like their newer peers. As the lead Republican sponsor of the Act, Issa helped see its tenets ultimately incorporated into the MMA and his efforts now stand to benefit countless legacy artists. Issa was also a consistent, strong voice for establishing a performance right for artists on AM/FM radio. He was honored for his Advocacy efforts at the 2010 GRAMMYs on the Hill Awards.

"Rep. Issa has been a great champion of fair compensation for artists," said Daryl Freidman, Chief Industry, Government & Member Relations Officer for the Recording Academy earlier this year when Issa announced his retirement. "We will miss his friendship, leadership and humor. But before he retires, we look forward to finishing together the work we started to support music and to ensure that the current and next generation of creators are respected and compensated fairly for their work."

Finally, the other namesake of the Hatch-Goodlatte Music Modernization Act, Senator Orrin Hatch (R-Utah) will retire next month as well. Hatch officially introduced the landmark bill in the Senate, playing a key role in shepherding the comprehensive music reform package in the Senate, and ensuring it won support of more than 80 of his colleagues as co-sponsors. The MMA is just the capstone on Sen. Hatch’s long history of fighting for songwriters, artists, and all creators in Congress. A professional songwriter and former chairman of the Senate Judiciary Committee, Hatch understands the plight of the music community and has shown the gumption it takes to enact change on Capitol Hill. For his leadership, Sen. Hatch was honored with the very first GRAMMYs on the Hill Award in 2001.

As the Thanksgiving holiday approaches, we'd like to thank all of these true champions of creators' rights for their service to our craft, our industry and our country.

Welcoming Music Champions Returning To Congress In 2019

Justin Roberts

Justin Roberts

Photo: Photo: Leigh Vogel/Getty Images

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Smokey Robinson, Justin Roberts Testify At MMA Senate Judiciary Hearing

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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 to testify 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."

Contact Your Senators: Tell Them To Support Comprehensive Music Reform

Reps. Bob Goodlatte and Jerrold Nadler

Reps. Bob Goodlatte and Jerrold Nadler

Photo: Sean Zanni/WireImage.com

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House Judiciary Committee Approves Music Modernization Act

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Bill with unprecedented support that would revolutionize the music industry moves closer to becoming law, ensuring fair pay for music creators
Advocacy
Apr 11, 2018 - 3:23 pm

The Recording Academy has been trumpeting the Music Modernization Act a lot lately, and for good reason. Since rumors broke on the comprehensive bill in January, which garnered historic support from the far reaches of the music industry, the Academy has remained optimistic and enthusiastic that the MMA would pass Congress this year. Now, that dream is one step closer to becoming a reality.

On April 10 House Judiciary Committee Chairman Bob Goodlatte (R-Va.), Ranking Member Jerrold Nadler (D-N.Y.) and 29 additional members of the House of Representatives introduced the MMA. Today, the bill, H.R. 5447, went to the House Judiciary Committee for markup, where it passed unanimously with a vote of 32–0 following review.

From here, the MMA will proceed to the full House for a vote in the near future, and then attention turns to the Senate who will be tasked with considering similar, comprehensive reforms. A Senate Judiciary hearing and markup on music licensing reform is anticipated in the next few months.

The MMA marks a historic step forward for music legislation, which hasn't been updated in a generation. The comprehensive package combines three previous bills, including a songwriter-focused Music Modernization Act (H.R. 4706), which establishes an independent board to handle mechanical royalties while offering digital music services a "safe harbor" from copyright infringement lawsuits.

It also includes the CLASSICS Act (H.R. 3301), which requires digital services to pay for songs recorded prior to 1972, and the Allocation for Music Producers Act (H.R. 881), which codifies into law the way that producers and engineers get paid royalties for their work on sound recordings.

The current version of the MMA has also adopted a feature of the Fair Play Fair Pay Act (H.R. 1836) to update how the Copyright Royalty Board determines the rate digital services pay for recordings.

"This legislation, which is the first major update to our music licensing laws in decades, brings early 20th century music laws for the analog era into the 21st Century digital era," said Goodlatte.

"I look forward to working with [Chairman Goodlatte], and all those who made this bill a reality, to see that it is enacted into law," added Nadler.

"We are thrilled to celebrate the introduction of the Music Modernization Act," Neil Portnow, President and CEO of the Recording Academy told Billboard. "This historic bill has been a goal of the Recording Academy for several years as it unites the music community under one piece of legislation and provides meaningful updates to copyright law to help all music creators.

"This collaboration is the kind of work that changes the game for the music industry. Congress is recognizing the impact and cultural significance of work before 1972, while paving the way for the next generation of music creators."

Pitch In! Tell The House To Pass The Music Modernization Act Today

Reps. Bob Goodlatte and Jerrold Nadler

Reps. Bob Goodlatte and Jerrold Nadler

Photo: Sean Zanni/WireImage.com

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Congress Rallies Behind Creators For Music Policy Reform During GRAMMY Week In New York

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With a suite of bills lined up to modernize copyright policy with comprehensive music reform, support from members of Congress strengthens during GRAMMY Week Judiciary Committee hearing
Nate Hertweck
Advocacy
Feb 7, 2018 - 4:20 pm

Recently, a diverse panel of music industry professionals representing various roles in the creative process testified at a Judiciary Committee hearing titled "Music Policy Issues: A Perspective From Those Who Make It." The committee worked closely with the Recording Academy to plan the hearing in New York City in coordination with the 60th GRAMMY Awards, during the week of events and celebrations known as GRAMMY Week leading up to Music's Biggest Night.

The panel included Recording Academy President/CEO Neil Portnow as the only business witness with the other five witnesses being music creators in various roles in the industry and two of the other five being Trustees of the Recording Academy. The hearing discussed several specific bills, including the Fair Play Fair Pay Act, the Music Modernization Act, the CLASSICS Act, and the AMP Act, and urged the committee to join them in their quest to make comprehensive updates to copyright law.

The hearing was led by Rep. Bob Goodlatte (R-Va.), Chairman of the House Committee on the Judiciary, who set the stage for the day's discussion and outlined Congress' role in this critical conversation.

"When crafting our current copyright laws governing music licensing, Congress could not have foreseen all of today’s technologies and the myriad of ways consumers engage with creative works," said Goodlatte. "[This] field hearing will be an excellent opportunity to hear directly from a wide of range of music professionals on the opportunities and challenges the music industry faces in the digital age.”

Ranking Member Jerry Nadler (D-N.Y.) was delighted to have the hearing — and Music's Biggest Night — take place on his home turf in New York City, but he was also determined to spur momentum for progress in the way of copyright reform.

"There is widespread agreement that the music licensing system is in need of comprehensive reform," said Nadler. "This hearing will be an important step in our effort to update the music licensing system and examine the specific problems most in need of a legislative solution."

Several Congress members on the committee have previously shown their strong support for creators' rights, but hearing perspectives on these issues from inside the industry put faces and voices to the cause. As the witnesses described the challenges they face in monetizing their art and their craft, the interconnection between issues and the overarching need for reform began to snap into focus.

"I love the idea of combining the [bills] into a comprehensive statutory bill of rights for musical artists and songwriters, and other people in the music industry," said Rep. Jamie Raskin (D-Md.), who was quick to offer his support.

Congress Memebers
Congress Judiciary Committee Hearing

Taking the notion one step further, Rep. Ted Lieu (D-Calif.) contextualized the competitive advantage of incentivizing creativity, saying, "If you look at the various sectors of the economy, we can do very well in various sectors such as high-tech or agriculture, bio-tech, tourism, and one of those sectors is the creative economy. In California, where I'm from, one in 10 jobs are related to the creative economy. … It doesn't just happen, you need a legal framework to protect creators and also create incentives."

Passing all of these individual acts as a combined consensus bill would go a long way toward creating the incentives to which Lieu referred. The committee members asked many questions that delved into both how royalties are handled in the current catalogs of the creators on the panel, and how they as lawmakers can ensure future music professionals are entering a business climate set up to be as fair as possible.

"If some pay and others don't, we truly have an unfair competition problem by those who don't," said Rep. Darrell Issa (R-Calif.), noting that the committee has a broad jurisdiction, even beyond copyright, and that they are tasked with the responsibility to look to all types of law, including anti-trust and unfair competition, so business can develop their business models on a fair playing field."

However, there are many considerations in making any industry fair.

Presenting some of the alternate perspectives affected by these issues, Rep. Blake Farenthold (R-Texas), who started working as a DJ at a radio station at age 15, seemed less sympathetic to the performers, though somewhat open to considering the creators' perspective. 

"You get complete sympathy from me that I believe songwriter, in particular,r are underpaid. I think the performers, I used to say, 'Well get out and play some more concerts and you can make some more money,'" said Farenthonld. "But I want to come up with a fair solution for everybody, and I really do like some of the bills that are out here."

Shifting the conversation to online, Farenthold spoke to the need for a consolidated database so that services like YouTube will know who to pay for the use of sound recordings. GRAMMY-nominated songwriter Tom Douglas pointed out that part of the MMA would essentially establish a collective clearinghouse for all songwriters and publishers that will enable proper payment of streaming royalties.

As the panel of witnesses divulged the tribulations of making a living in the recording industry, many Congress members couldn't help but express gratitude, no only for their time testifying on these crucial issues, but for the music they've given the world. The committee members were nearly all moved in some way by the life's work of the witnesses, whether it was GRAMMY-winning legend Dionne Warwick, GRAMMY-nominated singer/songwriter Aloe Blacc or multi-platinum producer Mike Clink, who turned heads in the room by revealing his integral role as producer for bands such as Guns N' Roses and Mötley Crüe.

"Thank you all for what you have done to make life better, and what you continue to do," said Rep. Val Demings (D-Fla.), weighing in as the newest member of the committee. "Music brings hope to some of the most hopeless people and children."

No doubt, the star power of the witness panel inspired a level of gratitude and awe in the committee, but these brave spokespeople truly represented the wide swath of creators and their rights. Ultimately, these issues go much deeper than the music's most successful musicians, songwriters and producers, and even go beyond music in terms of impacting all creative fields.

"I wouldn't want anyone to leave with the idea that this is just a situation that affects either the top musicians in the country as opposed to all musicians," said Raskin, "or just this industry because there are lots of people across the economy who are not getting the fair fruits of their labors and their participation in the economy."   

Take Action: Tell Congress To Support Comprehensive Music Reform

Conversations In Advocacy #5

Photo: iStock/Getty Images

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Rep. Darrell Issa's Retirement Brings New Urgency To CLASSICS Act

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As a champion of artists in Congress moves on, the fight for the critical bill he introduced to modernize copyright continues
Nate Hertweck
Advocacy
Jan 12, 2018 - 1:32 pm

"Retiring Congressman Issa is spot-on when it comes to legacy artists. It 'makes little sense' that pre-1972 sound recordings aren't protected under federal copyright protections, and it's about time Congress acts to fix this nonsensical loophole." — Conversations in Advocacy #5 

Music creators and fans alike are continually incredulous to learn that recordings created prior to 1972 are not given the same copyright protection as modern recordings due to inconsistent and unworkable state laws. Last year, the CLASSICS Act was introduced, representing a bill that would fix the problem and close this decades-old loophole.

Now, as one of Congress' leading advocates for artists' rights, Rep. Darrell Issa (R-Calif.), has announced his retirement, the music community is reminded of the critical need to pass the CLASSICS Act and level the playing field for copyright holders.

Issa championed the cause of bringing pre-1972 copyrights out of the dark ages, an effort he articulated in an op-ed for Variety last summer. Issa has also been a proponent of granting artists and producers a terrestrial radio performance right, earning him a well-deserved honor at the 2010 GRAMMYs on the Hill Awards.

Rep. Darrell Issa and Recording Academy President/CEO Neil Portnow

Rep. Darrell Issa and Recording Academy President/CEO Neil Portnow
Photo: Paul Morigi/WireImage.com

"Rep. Issa has been a great champion of fair compensation for artists," said Daryl Freidman, Chief Industry, Government & Member Relations Officer for the Recording Academy. "We will miss his friendship, leadership and humor. But before he retires, we look forward to finishing together the work we started to support music and to ensure that the current and next generation of creators are respected and compensated fairly for their work."

In July 2017, Issa introduced the CLASSICS Act — which stands for Compensating Legacy Artists for their Songs, Service and Important Contributions to Society — to Congress on a bipartisan basis to empower artists to collect royalties for the past three years directly through SoundExchange and finally treat their pre-1972 recordings like their newer peers.  He has also been a consistent cosponsor of the Fair Play Fair Pay Act that will grant a radio performance right for artists and producers.

Adding additional context to the severity of the issue, Four Tops founding member Duke Fakir derided the copyright loophole with a real-world take on the dire necessity of the CLASSICS Act.

"This digital rip-off has been a disaster for many older artists, diverting the fruits of their labors — funds that should be their lifeline — to the balance sheets of some of the wealthiest companies in the world," said Fakir, who with the Four Tops earned a Recording Academy Lifetime Achievement Award in 2009. "Digital radio earns millions every year from the exploitation of pre-'72 music, from big band to Motown to the British Invasion. Yet artists who recorded those classics — many of whom are no longer able to tour — struggle for basic food, shelter and medical care.

"It's ridiculous, it's unfair, and it's about time we make it illegal."

Fakir's plea, and the action proposed with the CLASSICS Act, is that digital radio treat all music the same, regardless of when it was recorded, ensuring that the same royalties are paid for vintage songs as for new material. 

Issa's retirement announcement reminds us how meaningful and impactful his work has been on behalf of the music community and how crucial it is to see his efforts through by supporting the CLASSICS Act. 

"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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