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

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.

Music Streaming

Photo: Guillaume Payen/SOPA Images/LightRocket/Getty Images

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As Streaming Grows, The Music Modernization Act Remains Crucial

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In light of the latest on-demand music streaming data, the need for the comprehensive Music Modernization Act intensifies
Nate Hertweck
Advocacy
Jul 18, 2018 - 4:15 pm

The tide has shifted. Music streaming's prevalence has gone from formidable to dominating in recent years, and it shows no signs of slowing. Unfortunately, with the speed at which the streaming world moves, the waves of change on the copyright legislation side have been slow to follow — but there's hope. With streaming continuing to grow, now is the time to pass the Music Modernization Act to keep music creators' heads above water.

The numbers don't lie. Neilsen reports on-demand audio streaming is up 45 percent over last year so far in 2018, while on-demand video streaming has risen 35 percent year-over-year. In all, streaming now accounts for 75 percent of non-radio music consumption in the U.S. The MMA, which has introduced comprehensive music reform, is the only legislation on the table attempting to update copyright law for the streaming age.

As the biggest proposed update to music legislation in the past 40 years, the bill will go a long way to affect how music creators are compensated for their work. The widely supported MMA has earned unprecedented bipartisan backing on its way to unanimous passage in the House of Representatives and  Senate Judiciary Committee. Its next stop on the road to real change is a full Senate vote.

The latest Nielson report also sheds light on the shocking reach of streaming platforms with a tally of 403 billion on-demand music streams so far in 2018, equating to 270 million albums sold by the standard scale of 1,500 streams to one album. These staggering numbers mean consumers have spoken via their listening habits, and that the appetite for music is as big as ever.

While streaming has its superstars, such as Drake and Post Malone, who have generated 3.3 billion and 3.1 billion streams so far this year respectively, music creators at all levels must adapt to earning a living in a streaming world. For the modern music maker, these ballooning streaming numbers are positioned as the income stream of the future to offset drastic declines in album and track sales, a trade-off that can't happen in earnest under outdated legislation.

The MMA will provide much-needed mutually beneficial policy reform to move our industry a giant step closer to fairly compensating the source of its product: the people who create music. With so much purpose and progress behind the Music Modernization Act, it’s time to push the bill across the finish line. Now is the time speak up on behalf of the MMA and its promise to build a more fair, transparent and relevant landscape for music creators.

Contact Your Senators: Tell Them To Support Comprehensive Music Reform

Neil Portnow and Sen. Chuck Grassley

Neil Portnow and Sen. Chuck Grassley

Photo: Leigh Vogel/WireImage.com

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Music Modernization Act Passes Unanimously In Senate Judiciary Committee

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The MMA scores another big win as it passes unanimously in the Senate Judiciary Committee
Nate Hertweck
Advocacy
Jun 27, 2018 - 3:29 pm

Standing on history's doorstep, the Music Modernization Act promises to finally bring our music licensing system out of the Stone Age and into a new era of mutually beneficial policy reform. On June 28, the Senate Judiciary Committee passed the bill unanimously, drawing the landmark bill one step closer to becoming a reality.

"Great music comes from great harmonies. As the organization representing all creators, we are gratified to see the industry and Congress work in harmony to pass the Music Modernization Act through the Senate Judiciary Committee," said Recording Academy President/CEO Neil Portnow. "Following years of advocacy by music creators, we look forward to that momentum continuing as the Music Modernization Act heads to the Senate floor. We thank the Committee for its swift movement of the bill. Through collaboration we can truly make a difference for the hundreds of thousands of working music creators across the country."

Ahead of the scheduled markup and vote, a manager's amendment was released this week that reflects consensus agreements that benefit music creators by increasing transparency, awareness and accountability. The bipartisan amendment, introduced by Chairman Chuck Grassley (R-Iowa) with the support of Ranking Member Dianne Feinstein (D-Calif.), solidifies the agreement on both sides of the aisle over the dire need to update music licensing and close loopholes that prevent music creators from receiving proper compensation for their work.

Earlier this month, Department of Justice Assistant Attorney General Makan Delrahim added his voice to the chorus of support for the MMA, taking the stage at the National Music Publishers Association annual meeting to back the bill. Delrahim is just one of the latest to join the mounting support swell for the MMA ahead of the Senate Judiciary Committee vote.

Although the MMA has already passed the House of Representatives by a unanimous 415–0 vote, not everyone is on board with this mutually beneficial piece of legislation reform. Sen. Ron Wyden (D-Ore.) introduced the Accessibility for Curators, Creators, Educators, Scholars, and Society (ACCESS) to Recordings Act, a misleading, alternate bill that threatens to distract from the MMA's progress . The arguments for ACCESS and against the MMA are flimsy at best, and the bill has done little thus far to slow the momentum of meaningful legislation reform.

Now, with Senate Judiciary Committee weighing in with unanimous support, the MMA's journey ahead moves toward a full Senate vote. The need for meaningful music legislation policy reform has never been greater, and as stakeholders from across the creative and internet industries rally behind the MMA with more steam than ever before, the Senate now holds the key to unlocking a better system for all.

Contact Your Senators: Tell Them To Support Comprehensive Music Reform

 

GRAMMYs

Photo: Dilip Vishwanat/Sports Illustrated/Getty Images

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How Working Musicians Will Win When Congress Passes Radio Performance Right

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In honor of Labor Day, take a look at how music unions and the musicians who belong to them would benefit from finally getting the AM/FM performance right they deserve
Nate Hertweck
Advocacy
Aug 30, 2019 - 2:35 pm

"While radio rocks out and cashes in over Labor Day, the performers you hear get paid nothing. There's a better way…" –Conversations In Advoacay #64

Labor Day comes around each year to remind us of the precious power and intrinsic value of hard work in our culture. For working music makers, compensation for their hard work can be tricky to track down, as music permeates into so many spaces in our lives. But in the realm of broadcast radio, artists and producers still don't get paid for the performance of their music, songs they worked hard to create.

Imagine that: AM/FM radio stations can use any song ever recorded without paying the artists, performers or producers a dime. That's a lot of hard work gone unrecognized.

Now imagine this: if royalties were paid for music played on terrestrial radio, it would not only benefit the featured artist on your favorite track, but also the studio musicians and backing vocalists who performed on the track too. That’s because a portion of the royalties would flow through the AFM & SAG-AFTRA Intellectual Property Rights Distribution Fund. The fund then distributes royalties to entitled singers and musicians, and while only union members are eligible to receive foreign royalties, all U.S. royalties are paid out without regard to membership. Clearly, this would put money in the pockets of all the music makers you hear over the airwaves.

This is why AFM and SAG-AFTRA, along with the Recording Academy, are founding members of musicFIRST, which works to ensure music creators get fair pay for their work, on AM/FM and wherever and however it is played. Together we all fight to ensure music creators receive fair pay, regardless of what format utilizes their music.

So as you fire up the grill on Labor Day and dial in your favorite station, consider the hard work put in by the artists and producers you hear and contact your Members of Congress to urge them to finally establish a long overdue performance right so we can keep the music playing.

Let Your Representatives Know You Stand In Support Of Music Creators' Rights