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 music advocacy and 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 music advocacy and the policies that affect music makers and their craft. New installments post every Friday.

116th Congress Nancy Pelosi

Photo: Tom Williams/CQ Roll Call

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Welcoming the 116th Congress, Now In Session

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Looking forward to working with the 116th Congress on behalf of all music creators
Philip Merrill
Advocacy
Jan 9, 2019 - 4:30 pm

On the traditional starting date of Jan. 3, the 116th Congress convened, filled with new and familiar faces, including many returning music champions, notably within the leadership of both the Democratic and Republican parties. To get a head start on the new Congress, many of our members met with then candidates and incumbents in October during District Advocate day and laid out a policy agenda in support of music, the arts and creators’ rights.

The budget impasse has the parties at odds for the time being, but music unites us all and we welcome the 116th with the same bipartisan spirit that made the 115th Congress so historic for copyright law. The co-chairmanship of the Recording Arts and Sciences Congressional Caucus by Majority Leader Steny Hoyer (D-Md.) and Minority Leader Kevin McCarthy (R-Calif.) are moving us ahead with the sense of accomplishment held over from last year's triumph — the Music Modernization Act's historic copyright reform passed Congress unanimously and was signed into law on Oct. 11.

In the Senate, the Judiciary Committee will  be chaired for the first time by  Lindsey Graham (R-S.C.) with Dianne Feinstein (D-Calif.) returning as ranking member. The House Judiciary Committee will be chaired by Jerrold Nadler (D-N.Y.) with Doug Collins (R-Ga.) as ranking member. Collins and Nadler both introduced key components of the omnibus MMA during the last Congress, and remain dedicated to creators’ rights.

Like music, life and policy keeps moving ahead and thus so does our political advocacy on music's behalf. We are here year-round, meeting with lawmakers and assisting our members who feel the urge to reach out and make their voices heard.

Two GRAMMY winners who have already visited the 116th Congress are Tony Bennett and the Grateful Dead's iconic drummer Mickey Hart. They were guests of House Speaker Nancy Pelosi (D-Calif.) for her swearing in, and comes shortly after a visit by singer/songwriter Julia Michaels last month during the Recording Academy Advocacy's holiday party.  The December party was filled with bipartisan spirit as lawmakers and artists joined together to cut the ribbon on our new offices in Washington, D.C.

Looking-ahead at issues sure to cross the legislative agenda this Congress, our members already have emphasized a few key issues with lawmakers. First and foremost, getting performance rights on terrestrial radio is still a goal we strive for. At the Copyright Office, which is not affected by the partial shutdown, modernization for the 21st century is an urgent issue. Lawmakers on Capitol Hill join the Copyright Office in pushing for efforts to establish a small claims court for independent creators. Meanwhile programs for music in the schools and funding for the National Endowment for the Arts—an agency currently shuttered due to the government shutdown—call for increased advocacy efforts. And we continue to make sure legislators know that the music community cares about negotiations on trade agreements and how they intersect with creators’ rights.

The 116th Congress has great potential to continue to support music and its creators, and the Recording Academy will be sure to continue to work in a bipartisan fashion to achieve much needed policy goals.

Celebrating District Advocate Day Engagement & Looking Ahead

Conversations In Advocacy #43

An Academy member meets with Congressman Doug Collins (R-Ga.) in his district office.
Photo: Moses R.

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Welcoming Music Champions Returning To Congress In 2019

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It's no coincidence that music's bipartisan friends in Congress are all returning for another session of service
Philip Merrill
Advocacy
Nov 9, 2018 - 2:51 pm

"If we ever get to the point in our society where we take away the creative spark, we have failed the soul and heartbeat of music, of books, of our creative output as Americans."— Rep. Doug Collins (R-Ga.), Conversations In Advocacy #43

The 115th Congress is still in session for a few more weeks but with the midterm elections behind us, we look forward to the start of the 116th Congress in January. While the make-up of the next Congress will be decidedly different looking, it will bring back many familiar faces who supported music and its makers this past Congress, and proved instrumental in last month’s historic signing of the Music Modernization Act.

Notably, every member of the Recording Arts and Sciences Congressional Caucus who appeared on Tuesday’s ballot won re-election to the House of Representatives and will have the opportunity to continue to support music creators in Washington. In addition, many music champions will move into elevated roles come January. Rep. Doug Collins (R-Ga.), author of this week's quote while being honored at the 2018 GRAMMYs on the Hill earlier this year, is in line to become Ranking Member of the House Judiciary Committee, where past GRAMMYs on the Hill honoree Jerry Nadler (D-N.Y.) is expected to assume the duties of chairman as the Democrats gained the majority.

While the Judiciary Committee is expected to take on a number of high profile agenda items, Nadler and Collins have proven time and time that they will prioritize copyright and creators’ rights. Their work side by side this year on the MMA bodes well for the Committee’s ability to continue working in a bipartisan fashion to protect our society's "creative spark" when the next Congressional session begins.

And even with the enactment of the Music Modernization Act, work will continue within the Judiciary Committee to advance creators’ rights. On Oct. 24, at our 2018 District Advocate Day, the Recording Academy’s members pushed forward a legislative agenda inclusive of a number of issues that could cross the committee’s purview. More than 1,500 Recording Academy members met with both lawmakers and candidates to discuss Judiciary issues like terrestrial radio royalty payments, copyright office modernization and the establishment of a copyright small claims system.

Beyond the Judiciary Committee, other prominent music champions will also be in position to affect change for music makers.  Steny Hoyer (D-Md.) and Kevin McCarthy (R-Calif.), co-chairs of the Recording Arts and Sciences Congressional Caucus, have both declared their intentions to run for their respective party's leader races. Other allies like Nancy Pelosi (D-Calif.), Jim Clyburn (D-S.C.) and Hakeem Jeffries (D-N.Y.) are in consideration for Speaker of the House, Majority Whip and Democratic Caucus Chair, respectively. While it's too soon to be sure who will occupy leadership roles in the 116th Congress, once again music stands out as an area where leaders can work together as colleagues on issues of shared concern.

And that’s important because the fight will continue to protect funding for the National Endowment of the Arts and music education programs in the federal budget, and negotiations on trade deals will merit increased attention. All of these issues were discussed last month during District Advocate Day, and will be at the forefront of the Recording Academy’s agenda entering into the 116th Congress.

Congratulations are in order for lawmakers returning and new as the 116th Congress continues to take shape.

Celebrating District Advocate Day Engagement & Looking Ahead

"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.

Conversations In Advocacy #41

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Celebrating District Advocate Day Engagement & Looking Ahead

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Follow the story of this year's remarkable day of activism and see what lies ahead
Philip Merrill
Advocacy
Oct 26, 2018 - 12:50 pm

District Advocate day 2018 on Oct. 24 was an unprecedented coast-to-coast gathering for more than 1,500 Recording Academy members, their lawmakers and Congressional staff sharing ideas about the recent unanimous passage of the Music Modernization Act, now signed into law, as well as what issues matter most to the music community, looking ahead.

With coverage in Billboard and MusicRow, record-setting social activity on Instagram and Twitter, and many special messages for the day delivered via online video or on television, the level of engagement by the music community and elected representatives alike heralds an exciting future for what can be accomplished, thanks to the Recording Academy's political activism.

Local news interviews added another dimension of outreach by letting the public know that Recording Academy members are active and involved in creators' rights. "It's really about getting the support that we need to keep making great stuff," said producer Matt Squire to Washington, D.C.'s local news team on WUSA-TV 9.

"We all need to join together," Emily Estefan explained to Miami's NBC "6 In The Mix" hosts about the day's local rally. "This is just the beginning."

Among issues affecting music creators includes efforts to negotiate and establish a terrestrial radio performance right for performers and artists. The U.S. is alone among major nations in its legal stance that radio play is so automatically valuable for performers that no financial compensation whatsoever is necessary. Foreign artists receiving compensation abroad are also cut out from receiving royalties by this, and reciprocally, foreign royalties that are collected for the recorded performances of U.S. artists remain in special accounts instead of being distributed to Americans.

Modernization of the U.S. Copyright Office for the 21st century is another lively issue with tremendous implications for the years ahead. While federal computing infrastructure is due for an upgrade in many agencies, the Copyright Office is midway along this challenging learning curve. The Office has special needs, and so do the creators who rely on it, so progress must be spurred to create systems worthy of the innovations in America's new music marketplace and ecosystem. Our livelihoods rest on the foundation of copyright law and ultimately the Office's infrastructure must bear the load of its vital responsibilities. Being aware of this issue is the first step in fighting for overdue upgrades, and our elected officials need to know that we care.

A conversation connected to U.S. Copyright Office modernization has long been the goal of allowing independent creators to protect their copyrights by means of some form of small claims process. Artists with major labels can assume aspects of protection are handled by professionals within the company, but indies don't have that luxury. Although this comes up with filing notices of infringement, it can also arise in much more straightforward examples of infringing uses. Just because a creator lacks access to thousands of dollars for attorneys or specialized music-law staff shouldn't leave them helpless to protect their work. Years of thought have gone into investigating this need and a practical answer should be put in place.

One of the outstanding benefits of the unity on display through our District Advocate day is the ability to work together to enact meaningful change. There are other issues growing become hot-ticket items. Trade deals and negotiations are one area where this can come up at unexpected times and the creator community always needs to be informed and active when their voices are needed to make a critical push.

Another recurring issue that comes up on schedule with the federal budget is arts funding and particularly for the National Endowment of the Arts and music education programs. We've made a difference in preventing damaging reductions in funding, but this battle continues. Too many times, hoping to cut costs, lawmakers lose track of or do not realize the differences funding for the arts achieves in our national life.

On these issues and other matters ahead, we will build together on the unity and engagement of District Advocate day 2018 to make a real difference. Kudos and thanks to all who participated.

Thank Your Lawmakers For The Unanimous Passage Of Copyright Modernization

"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.