Conversations in Advocacy #3

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House Judiciary Ranking Member: The Most Important Congressional Race?

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In this latest installment of "Conversations in Advocacy," explore both sides of the race for top Democrat of the House Judiciary Committee
Philip Merrill
Advocacy
Dec 15, 2017 - 11:21 am

"The Congressional race nobody is talking about is maybe the most important for music creators. Who will be the top Democrat on Judiciary?" — Conversations in Advocacy #3

On Nov. 29 Rep. Jerrold Nadler (D-N.Y.) stepped into the role of Ranking Member on the House Judiciary Committee in an acting capacity, but Democrats will soon make a final choice on who will be the permanent Ranking Member. Also in consideration is Rep. Zoe Lofgren (D-Calif.), who has been uniquely aligned with the policy interests of the big technology companies that dominate her Silicon Valley congressional district.

Writers at The Intercept recently took a dim view of what they considered Lofgren's unfailing allegiance to tech giants like Google, even in the face of recent controversies. As far as matters affecting creators and copyright law, Nadler has taken a much more pragmatic view, as evidenced by his sponsoring legislation such as the Fair Play Fair Pay Act of 2017.

Both lawmakers say they believe in protections for artists, but Lofgren's tech-centric point-of-view may not always align with the interests of music creators. For example, The Intercept noted that in 2009 she sanctioned Google's plan to digitize millions of books from libraries without approval from the actual copyright holders.

It is an especially crucial time for the House Judiciary Committee given the prospect of major copyright reform legislation in 2018. Modernization is overdue and it is in crafting the details of such a long-awaited update that Nadler could potentially best demonstrate his bill-making abilities.

It all adds up to why the music community should keep a close eye on who will ultimately be chosen to lead the effort to update copyright law as the top Democrat on the House Judiciary Committee.

"Conversations in Advocacy" is your weekend digital tip sheet on the policies that affect music makers and their craft. New installments post every Friday.

 

Rep. Bob Goodlatte and Jason Mraz

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Is Congress Working On A Consolidated Copyright Reform Bill?

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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."

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.

Testifying on Jan. 26 alongside Portnow, multiple GRAMMY winner Dionne Warwick concluded with a wish shared by many.

"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."

Now that the music industry is speaking with one voice, please stand with us and let your representatives know how you feel

"Conversations in Advocacy" is your weekend digital tip sheet on the policies that affect music makers and their craft. New installments post every Friday.

Conversations in Advocacy 6

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House Reps. Hear Portnow, Artists On Consensus In New York

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In New York for 2018 GRAMMY Week, House Judiciary Committee field hearing presents unprecedented music industry consensus for copyright legislators
Philip Merrill
Advocacy
Jan 26, 2018 - 3:26 pm

"Did you know the GRAMMY Awards isn't the only big music event this weekend?  Today Congress held a hearing on music issues in New York City!" — Conversations in Advocacy #6

On Jan. 26 in New York City, the full House Judiciary Committee conducted a field hearing titled "Music Policy Issues: A Perspective From Those Who Make It." Held at ranking member Jerry Nadler's (D-N.Y.) alma mater, Fordham University School of Law, the all-star, all-music panel of witnesses included singer/songwriter Aloe Blacc, platinum-selling producer Mike Clink, country songwriter Tom Douglas, three-time GRAMMY winner Booker T. Jones, Recording Academy President/CEO Neil Portnow, and five-time GRAMMY winner Dionne Warwick.

"A few years ago, at GRAMMYs on the Hill, majority leader [Kevin McCarthy (R-Calif.)] and Democratic leader [Nancy Pelosi (D-Calif.)] both cautioned the audience of industry members that 'unity is what this community needs to pass legislation,'" testified Portnow at the hearing. "Members of the Judiciary Committee: We listened."

Speaking for music people of every variety, Portnow encouraged the lawmakers not to let outdated regulatory categories slice up the panel into songwriters versus performers versus producers because a better framework is now the music community's consensus.

On Jan. 8 this "united support" was announced. The key pieces of legislation that it was agreed fit so well together for a better framework include the Music Modernization Act of 2017, CLASSICS Act, the Allocation for Music Producers Act, and establishing a market-based rate standard for satellite radio.

The organizations announcing their support alongside the Recording Academy include American Association of Independent Music, the American Federation of Musicians, PROs ASCAP and BMI, the National Music Publishers' Association, RIAA, SoundExchange, and more than a dozen others, including digital services. So as the panel took their seats at Fordham, they had their entire professional community behind them.

"I'm an artist, songwriter and producer who has worked professionally in music for nearly 60 years," said Jones, reviewing how each of the legislative pieces would make the varied aspects of his work more fair.

Notable was the problem of collecting any artist royalties for his many recorded performances made before 1972, the regulatory cut-off date before which artists get nothing. "Correct the law now," he said, "so that all music creators — whether they write, play, sing, produce, or engineer — can make a living from the work they do that enriches all our lives."

"Recording artists have never been more optimistic about the prospects for legislation that will allow music to flourish," said Warwick. "We hope that the Committee will quickly move this comprehensive legislative package together as one — just like we have come together as one community."

The event underscored the power of a unified front and hopefully provides a strong step forward for much-needed music reform, the perfect way to celebrate GRAMMY Week 2018.  

Now that the music industry is speaking with one voice, please stand with us and let your representatives know how you feel

"Conversations in Advocacy" is your weekend digital tip sheet on the policies that affect music makers and their craft. New installments post every Friday.

Aloe Blacc and Tom Douglas testify before Congress

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Aloe Blacc, Tom Douglas: Music Modernization Act A "Fair Deal" For Songwriters

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Songwriters behind hits like "The House That Built Me" and "Wake Me Up" testified before the House Judiciary Committee on the value of songs and why music creators need fair compensation
Tim McPhate
Advocacy
Feb 15, 2018 - 12:11 pm

"Aloe Blacc and Tom Douglas are two amazing songwriters, responsible for huge hits, yet both find it hard to make a living just from songwriting. It's clear the system needs to change. Royalties for songwriters need to reflect fair-market value and creators should always be properly compensated for their work." — Conversations In Advocacy #9

Make no mistake, the entire music industry is built upon the foundation of one thing: songs. Think about it. Without them, there'd be no radio, no streaming services, no Super Bowl halftime performances, and certainly no GRAMMY Awards.

Unfortunately, the integral role songwriters play in shaping the industry's foundation is not recognized properly in the form of just compensation.

This is a problem GRAMMY-nominated songwriters Aloe Blacc and Tom Douglas know all too well. In a bid to move the needle for music creators in the right direction, the duo addressed the House Judiciary Committee during "Music Policy Issues: A Perspective From Those Who Make It," a GRAMMY Week field hearing held in New York City on Jan. 26.

Though Douglas' name may not be as ubiquitous as Maren Morris or Luke Bryan, millions of lives have been enriched by his creative footprint. As a professional songwriter who makes magic behind the scenes, the Atlanta native has penned country hits such as Miranda Lambert's "The House That Built Me," Lady Antebellum's "I Run To You," Tim McGraw's "Grown Men Don't Cry" and Martina McBride's "God's Will," among others.

With his impressive catalog racking up millions in streams, you'd think that would equate to robust royalty sums. Think again.

"When my first hit song, [Colin Raye's] 'Little Rock,' was climbing the charts, artists sold millions of albums and broadcast radio was not being challenged by streaming companies yet to exist," testified Douglas. "My royalties for record sales or terrestrial radio broadcasts were counted in pennies. When my song is streamed, royalties are counted in micro pennies. For songwriters, it is not uncommon for millions of streams to equal only hundreds of dollars in royalty payments.

Our songs identify American culture and move hearts and minds across the globe. Our songs have value."

Douglas shared his optimism in the Music Modernization Act as a potential "right path" solution. As part of a comprehensive music licensing reform package that also includes the AMP Act and the CLASSICS Act, the MMA would establish a new rate standard for songwriters' digital mechanical streaming royalties, a new blanket licensing system to address song ownership issues, and entitle songwriters to funds from digital mechanical royalties, among other provisions.

"For many years songwriters have begged Congress for relief," he said. "The entire American songwriter community is hopeful we will begin finding that relief in the Music Modernization Act."

Blacc, whose hits include "I Need A Dollar" and "Wake Me Up" with Avicii, offered the committee a tangible real-world example to drive home the fact that songwriters are getting a raw deal in today's music industry landscape.

"My biggest hit — 'Wake Me Up' — was streamed by the two leading interactive streaming services for a combined 136 million times in the past four quarters alone," said Blacc. "Yet, as one of three co-writers on the song, I only received about $2,400 total — that's only 1.8 cents for every 1,000 streams. It's hard for a songwriter to earn a living when counting pennies."

While Blacc argued that more music is being listened to today now than ever, he stressed that — thanks to streaming services — it's actually being valued less.

"This is because the government-regulated marketplace has suppressed the rates paid by digital music services for streamed songs, and the royalties from these services are remarkably low," he said."

Like Douglas, Blacc urged Congress for reforms that would constitute a "fair deal" for songwriters by bringing "our laws into the digital age."

"This is a defining time for music licensing reform. 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," Blacc concluded. "Now is the time to take action. I urge you to move this legislation through quickly — songwriters need this relief."

Conversations In Advocacy #8: Booker T. Jones Addresses House Reps. Over Reform Act For "Pre-1972" Recordings

"Conversations in Advocacy" is your weekend digital tip sheet on the policies that affect music makers and their craft. New installments post every Friday.

Conversations In Advocacy #8

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Booker T. Jones Addresses House Reps. Over Reform Act For "Pre-1972" Recordings

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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.

Booker T. Jones and Aloe Blacc, 2018

Booker T. Jones and Aloe Blacc address the House Judiciary Committee
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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."

Conversations In Advocacy #7: Producer Mike Clink Delivers Testimony On Crucial Music Issues

"Conversations in Advocacy" is your weekend digital tip sheet on the policies that affect music makers and their craft. New installments post every Friday