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Recording Academy Statement Re: The Local Radio Freedom Act

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Daryl Friedman
Advocacy
Dec 13, 2017 - 12:12 pm

“Today, the National Association of Broadcasters (NAB) claimed victory for a non-binding resolution that in reality is another nail in radio's coffin.  The Local Radio Freedom Act (LRFA), otherwise known as the Loss of Radio’s Future Act, shows that the NAB would rather fight with artists than fight for its survival.  It’s no secret that radio struggles to remain relevant to younger audiences. The NAB has an opportunity to work with creators to ensure radio’s future by establishing a fair framework that includes a performance right for terrestrial radio while allowing for radio’s growth. The window is closing to move broadcasting into the 21st century.”

 

Daryl Friedman
Chief Industry, Government & Member Relations Officer
Recording Academy

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Want to sound like a policy insider this weekend? Here is your Cocktail Party Comment of the Week:

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Advocacy
Aug 18, 2017 - 9:20 am

"Did you hear that Amazon is looking to get into the ticket market? More companies selling tickets could bode well for music fans tired of scalpers and bots driving up concert prices."

Read more about the passage of the BOTS Act here. 

Rep. Doug Collins and Daryl Friedman at the 2018 GRAMMYs on the Hill Awards

Rep. Doug Collins and the Recording Academy's Daryl Friedman
Photo: Paul Morigi/WireImage.com

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Music Modernization Act Passes House Of Representatives Unanimously

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Passage comes one week after GRAMMYs on the Hill Advocacy
Brian Haack
Advocacy
Apr 25, 2018 - 2:28 pm

The Music Modernization Act officially passed the U.S. House of Representative today, winning its first battle for legislative approval on the House floor with a unanimous 415–0 vote. Having previously passed mark-up by the House Judiciary Committee on April 11 with a unanimous 32–0 vote of approval, the MMA arrived at the House with a mandate from the masses that Congress enact equitable reforms in the music industry.

Rep. Bob Goodlatte Mentions GRAMMYs on the Hill

"Sometimes big pieces of legislation can come together only through the efforts of a large number of people who invest their time in making change happen, as so many members of this committee and so many stakeholders in the music and digital delivery communities have done," said House Judiciary Committee Chairman Bob Goodlatte (R-Va.) during the committee's mark-up.

Just last week, the Recording Academy hosted the 2018 GRAMMYs On The Hill Awards gala, bringing together a who's who of Capitol Hill heavyweights and music creators. The combined forces not only celebrated the power of advocacy, creativity and music but pushed forward the momentum for the MMA.

Why GRAMMYs On The Hill Makes A Difference

"Music creators compose the soundtrack to our lives. These creators deserve to be paid a fair wage for their work," said Recording Academy President/CEO Neil Portnow. "The passage of the Music Modernization Act in the House of Representatives is a historic step forward for all music creators, ensuring that they are credited, paid, and shown the respect they deserve for the impact they have on our culture and daily life. We are honored that GRAMMYs on the Hill helped to pave the way for these long overdue updates."

"Last week, GRAMMYs on the Hill brought the stories of artists, composers, producers, and songwriters to Washington, sharing the challenges of their industry and the robust solutions provided by the Music Modernization Act," added honoree Rep. Doug Collins (R-Ga.). "The Recording Academy and an array of stakeholders have helped a bipartisan group of legislators protect an American art form, and I'm grateful for the consensus that was reflected in today's vote."

Looking forward, a happy ending for music creators would be a bill signing ceremony at the White House before the end of this year. However, before that can come to fruition, the bill will next proceed to the U.S. Senate, with the burden now on our nation's senators to make the right choice to protect music creators and update the laws that prevent music creators from being fairly compensated for their creative works.

Music Modernization Act: A Vision For Unity

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

The FBI seal displayed outside FBI headquarters in Washington, D.C.

Photo: T.J. Kirkpatrick/Bloomberg via Getty Images

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Next Steps For PROs After BMI's Consent Decree Victory

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After time expired for an appeal of BMI's fractional licensing victory, new remarks from Justice Department antitrust chief have performing rights organizations looking ahead
Philip Merrill
Advocacy
Apr 5, 2018 - 10:10 am

Unlike the music business, competition between player-piano roll manufacturers or buggy whip makers has really died down. But one thing they all have in common is that their competitive marketplace is shaped and controlled by the same consent decrees with the Department of Justice.

"The way music is licensed has been governed by these consent decrees since 1941," said Justice Department Assistant Attorney General Makan Delrahim, who oversees the agency's antitrust division. "So 77 years of a consent decree, rates being set by a judge in rate court as opposed to free market competition … we are taking a look at that."

Speaking at Vanderbilt Law School on March 27, Delrahim described his department's present rate of progress, having reviewed two-thirds of the Justice Department's 1,300 consent decrees still in force.

"As public agencies we need to take a look and see if those consent decrees are still relevant in the marketplace," he said.

Delrahim wants to ensure that his agency's designated role enforcing U.S. laws is not sidetracked by becoming a mini-regulator or micromanager. Last month, the deadline for appeal expired on the DOJ's courtroom loss to BMI without action being taken, a hopeful sign the department is stepping back from that micromanager sideline. In line with such hopefulness, BMI President/CEO Michael O'Neill wrote a recent Billboard op-ed addressing the question, "So where do we go from here?"

"We've never been more optimistic about the future of music than we are now," said O'Neill, outlining three broad areas for continued positive change in the music marketplace.

One of the areas is updated copyright and music licensing reform, an area where the Recording Academy's continuous efforts will be on full display  April 18–19 during GRAMMYs on the Hill when recent GRAMMY winners, nominees and other music creators meet directly with lawmakers on Capitol Hill.

Another area ahead is for performing rights organizations to spread into related business by licensing additional rights, which seems ripe for future developments as the internet continues to spawn new formats and digital experiences.

And perhaps the most exciting and paramount of O'Neill's future areas is what he describes as "insight and transparency into the licensing process." There is more to this than meets the eye. The fundamental level O'Neill emphasizes is BMI's database collaboration with ASCAP.

"The intention is for this to be a vital asset to assist radio stations and other businesses in assessing their music needs, while providing greater insight and transparency into the licensing process," he said.

A future where the creative catalog serves licensees while treating licensors fairly is a dream worth making into reality, and a platform for futures we can't hope to imagine yet.

Perhaps the problem to be solved with optimism is balancing the need for patience with staying proactive daily. With unprecedented music community unity on copyright reform, thousands of professionals who care are striving to achieve a legal and regulatory environment suited for innovations ahead.

Willing Buyer/Willing Seller Standards Will Help Build A Sustainable Music Economy