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Harvey Mason jr.

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Recording Academy's Harvey Mason jr. Testifies On AM-FM Act & Stimulus

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The music industry membership organization's Chair & Interim CEO took the (virtual) stand today on behalf of music makers
Nate Hertweck
Advocacy
May 27, 2020 - 3:54 pm

With so many people and professions affected by the coronavirus crisis, now is the time for music industry leaders to speak up and advocate for their community. With this in mind, Recording Academy Chair & Interim CEO Harvey Mason jr. testified today in front of the Senate Judiciary Intellectual Property Subcommittee on the scope of music rights in sound recordings, the dire need for the United States to catch up with other free countries by passing the Ask Musicians for Music (AM-FM) Act, and the importance of supporting music creators in the next phase of COVID-19 relief stimulus.

"Any future relief package should get people back to work, not give industries unfair advantages," said Mason jr. "Unfortunately, musicians will not be able to get back to live performances soon, so the next stimulus should ensure they get paid fairly for their music that has been a lifeline for our fellow citizens. As the Section 512 study showed last week, there are many ways Congress can do more to help the music community, such as including the AM-FM Act in the next COVID-19 bill."

The AM-FM Act, a bipartisan and bicameral bill introduced by Sen. Marsha Blackburn (R-Tenn.) and House Judiciary Chairman Jerry Nadler (D-N.Y.), would establish a performance right for sound recordings broadcast by terrestrial radio, ending a decades-long loophole that has enabled AM/FM radio broadcasters to use the music of hard-working performers and producers without obtaining any form of permission or paying any compensation. Under the AM-FM Act, artists, producers, and copyright owners would be able to negotiate fair market rates with broadcasters in exchange for permission for it to be aired.

“Radio is the only business in America that can use someone else’s intellectual property without permission or compensation. Fixing this copyright anomaly should be a priority of the Senate Judiciary Committee," Mason jr. said.

This blind spot in American policy also underscores the glaring discrepancy between the U.S. and other countries around the world, including the U.K. and Canada, who pay performance rights royalties to the musicians and artists' whose music is played on terrestrial radio.

"The United States of America: the one country in the world that should be a leader in free market transactions, a leader in protecting intellectual property, and a leader in assuring fair pay for one’s work. Yet sadly, we are the one country that does not recognize a performance right for sound recordings," said Mason jr.

With millions of music makers living in uncertainty,  Congress holds a valuable opportunity in its hands to ensure they receive fair support alongside other small business and finally institute the long-overdue performance rights for sound recordings that would pay creators what they deserve for their work.

Ironically, the National Association of Broadcasters (NAB) has continued to fight against the AM-FM Act and performance rights for sound recordings even though the broadcasters themselves enjoy the very same rights to permission and compensation they are denying creators. Mason jr. explained:

"Just two weeks ago the NAB CEO, Gordon Smith, told his members: 'We don’t know how long this pandemic will last, or what the lasting effects of it might be on our economy. But there is one thing I do know… broadcasters endure.' I wish I could tell our members the same thing. In this crisis, many workers are sadly not getting paid because their work is not needed at this time. But on radio, musicians are not getting paid while their work is needed more than ever. The current crisis has shone a bright spotlight on this injustice. And the time to fix it is now."

During the hearing, Mason jr. discussed how local radio provides entertainment for the general public, which is primarily due to the efforts of music creators. For non-music content serving as “entertainment” on terrestrial radio, Mason jr. reminded the panel that stations pay those entities a fee to broadcast that content on their airwaves, specifically sporting events. Mason jr. stated that he is open to having future discussions with the NAB about these issues and requested Congressional involvement in those negotiations.  

The AM-FM Act is finally getting its due consideration by the Senate Judiciary Committee and would be a critical victory for artists’ rights. You can help to advance the bill by contacting your lawmakers and ask for their support.

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Coronavirus Relief Bill Includes Assistance for Music Creators

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The bill extends small business loans and unemployment insurance to music makers, plus gives a boost for the National Endowment for the Arts amid COVID-19
Nate Hertweck
Advocacy
Mar 26, 2020 - 9:23 am

The Recording Academy applauds Congress and the President for stepping in and providing some much-needed economic relief and protections for music creators. Late last night, a stimulus bill of over $2 trillion passed the Senate and is expected to soon pass the House and be signed into law. The even better news is that the bill includes many priorities that covers music creators and other self-employed workers.

Reeling from the devastating economic effects of the Coronavirus, music creators are in need of increased economic relief following wide-spread closures and cancellations of tours, performances and gigs. Like many freelance or self-employed workers, music creators typically don’t enjoy the normal employment protections afforded to salaried or hourly workers, which puts them in jeopardy of not having access to many key protections in the relief package. Fortunately, thanks to the Recording Academy’s extensive advocacy, the spending package includes protections and provisions that put music creators in a better position for immediate and long-term relief.

Among these key protections, the Academy worked to grant new eligibility for self-employed workers to apply for “paycheck protection” loans from the Small Business Administration that can later be forgiven if they are used to provide income support. The bill also incentivizes traditional small businesses to use these loans to continue payments to independent contractors they work with. Self-employed individuals will also be able to apply for special Emergency Injury Disaster Loans.

The Academy also successfully lobbied for new pandemic-related unemployment insurance to be included in the bill, and to ensure that eligibility requirements were extended to self-employed workers. Music makers who qualify will now be entitled to four months of unemployment insurance through their state of residency.

In addition to supporting music creators with these individual protections, the stimulus bill also included a $75,000,000 boost to the National Endowment for the Arts. This big win for music and the arts marks a 50% increase from the 2009 stimulus package, and will go to provide funding and grants to state arts organizations and help fund new projects across the country   

These important victories follow the recent surge of support for music creators to be included in the stimulus, led by the Recording Academy's letter to Congressional leaders outlining the need for relief efforts for the music community. In the letter, Academy Chairman and Interim CEO Harvey Mason jr appropriately stated, "music is the original 'gig economy.'"

The Academy also sent letters with leading entertainment industry organizations, associations and unions outlining a set of shared priorities impacting workers in music, television, film and theatre. The Academy also joined dozens of non-profit arts and culture organizations to advocate for key provisions for artists and arts organizations.

The message to the Hill was amplified by Academy members and music fans via the Academy’s call-to-action online tool, which sent tens of thousands of letters to Congress in support of providing critical assistance and relief for creators..

Members of Congress, heard that call, and weighed in, writing letters of their own advocating for creators' rights. Rep. Adam Schiff (D-Calif.), along with 36 of his Congressional colleagues, sent a letter to Speaker of the House Pelosi (D-Calif.) and Republican Leader McCarthy (R-Calif.) urging Congressional action for creators. The Congressional Arts Caucus and the Congressional STEAM Caucus co-signed a letter to House Leadership with more than 50 signatures.

Additionally, both House Judiciary Chairman Jerry Nadler and Congressman Doug Collins sent separate letters to House leadership urging support for the creative workforce. 

Last week, the Recording Academy’s Chief Industry, Government, and Member Relations Officer Daryl P. Friedman appeared on SiriusXM’s P.O.T.U.S. Press Pool with Julie Mason. On the program, Friedman discussed the impact of coronavirus on creators, including the cancellation of big and small concerts, the financial impact on artists’ bottom line, and the potential solutions Congress could enact that would add some financial relief for creators.

The Recording Academy and its affiliated charitable foundation MusiCares continue to raise funds to benefit creators in need. Leading music streaming and tech companies Amazon Music, Facebook, SiriusXM and Pandora, Spotify, TIDAL, and YouTube Music have announced that they are contributing to the MusiCares COVID-19 Relief Fund to support music industry workers in need.

If you are a creator facing financial hardship due to this global pandemic, please visit MusiCares’ COVID-19 Relief Fund page here.

If you would like to support the relief fund, you can donate here.

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Rep. Judy Chu (D-Calif.)

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Congress Works To Improve COVID-19 Relief For Creators

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A look at the limits of the current relief packages and how new changes could benefit creatives
Nate Hertweck
Advocacy
Jun 17, 2020 - 3:52 pm

Lawmakers continue their work to refine their legislative relief efforts amidst the coronavirus pandemic. Thankfully, the Recording Academy and greater music community have also continued their advocacy efforts to ensure creators are considered and supported by these legislative updates to the Coronavirus Aid, Relief, and Economic Security (CARES) Act. Let's take a closer look at how Congress is doing this and what it means for music makers…

Paycheck Protection Program Gets Remixed

On June 5, President Trump signed the Paycheck Protection Program Flexibility Act (PPPFA) of 2020 (H.R. 7010) into law. The act had overwhelming bipartisan and bicameral support, passing the House by a landslide 417-1 vote and the Senate by unanimous consent.

The passage of this update is a welcomed sign for music creators, many of whom were struggling to understand the complex and ever-changing program and to use the paycheck protection loan to its maximum benefit. The technical fix alters the rules governing loan forgiveness by extending the spending requirement from eight to 24 weeks, lowering the percentage of the loan required to be spent on payroll from 75 percent to 60 percent, and pushing back the June 30 deadline to rehire laid-off workers.

Self-Employed Creators = Small Businesses

The CARES Act originally included self-employed creators in the benefits offered by the Small Business Administration (SBA). The Academy has been aggressively working on Capitol Hill to ensure that these new SBA programs remained funded and provided relief for self-employed workers, keeping creators in the mix.

Prior to the passage of the technical fix, Congress had already appropriated supplemental funding to ensure the program could meet the needs of as many small businesses as possible, including self-employed creators. And, to hold the SBA more accountable, the House Small Business Committee has been holding hearings on the PPP loans and the Economic Injury Disaster Loans (EIDL) special grant program.

Reps. Judy Chu (D-Calif.) and Jimmy Gomez (D-Calif.) both expressed the importance of getting these SBA programs to work for the creative workforce and self-employed artists, including the of the Economic Injury Disaster Loans (EIDL).

"SBA's administration of EIDL has been unacceptable at a time when small businesses need this relief more than ever," said Rep. Chu. "Self-employed and independent contractors constitute a significant part of Southern California's economy and they have been adversely impacted by the SBA's cap on EIDL emergency grants of $1,000 per employee. This cap is just not reflective of Congressional intent."

Rep. Gomez addressed the challenges creative professionals face in his district in securing relief.

"[Southern California] is home to many talented artists and creatives who allow our film, television and theatre industries to thrive," he said. "Like other freelancers and self-employed individuals, they're still waiting to apply for the pandemic unemployment insurance, and if they did apply for a paycheck protection loan, they were last in line." 

"It must be improved by addressing the unique needs of the self-employed, like many of those working in the creative industries," Rep. Chu explained. "SBA's regulations limiting EIDL emergency grants to $1,000 per employee and requiring that 75 percent of loan forgiveness applies to payroll costs do not account for self-employed workers who may spend as much as more on expenses like health insurance or rent as they do on their salaries.”

These concerns are not limited to California's creative community. Similar concerns about PPP and EIDL have been brought up by lawmakers in other hearings with Senior Administration officials since May, including Sen. Sinema (D-Ariz.) who asked Treasury Sec. Mnuchin why the EIDL was shifted internally to only $1,000 per employee without Congressional approval. On June 10, Sen. Romney (R-Utah) asked Sec. Mnuchin at a separate hearing on the needs for additional stimulus funding, while Sen. Collins (R-Maine) brought up extending PPP for industries that are continuing to struggle.

Unemployment Solutions

For many music makers, earning a living in their craft requires career creativity in addition to artistic creativity. Many work several jobs and play several roles in the music economy. Thankfully, Rep. Chu and Rep. Adam Schiff (D-Calif.), along with more than 20 members of the House, sent a letter to House leadership asking for additional protections for independent workers with multiple types of income in future coronavirus legislation.

During last week’s Senate Finance Committee hearing, Labor Sec. Scalia echoed some of Reps. Chu and Schiff’s argument on behalf of multiple income workers. When asked by Sen. Warner (D-Va.) to confirm that underemployed freelancers are covered by the Pandemic Unemployment Assistance (PUA) program, Sec. Scalia applauded the inclusion of freelancer and gig worker protections in the CARES Act and stated that he does believe that the Department of Labor addressed problems freelancers were facing when initially applying for PUA benefits.

Sen. Cortez Masto (D-NV) also raised the issue of sustained high unemployment rate in the hospitality and entertainment industry, asking the Secretary about the department's plans for future financial assistance for gig workers. These protections are crucial, because as Recording Academy Chairman and Interim CEO Harvey Mason jr appropriately stated, "music is the original 'gig economy.'"

Obviously, there is still a long road ahead for the music industry and other creative industries to rebound from the economic devastation caused by COVID-19, but by staying active in advocacy, the Recording Academy is ensuring creatives are considered. You can add your voice to the chorus by contacting your lawmakers and ask for their support of creators during these trying times.

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Big Radio Aims To Take Small Business Aid Under New Stimulus Bill

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Believe it or not, Big Radio could use funds and protections for small businesses to increase their staggering corporate wealth
Nate Hertweck
Advocacy
May 20, 2020 - 3:54 pm

Big Radio is trying to enrich their organizations by draining federal stimulus funds meant for struggling small businesses that are trying to survive during this unprecedented and unpredictable pandemic.  

On May 15, the House of Representatives passed the Health and Economic Recovery Omnibus Emergency Solutions (HEROES) Act. While the $3 trillion stimulus bill includes multiple creator-friendly provisions – such as another round of direct payments and extending the Federal Pandemic Unemployment Compensation (FPUC) benefit of $600 through the end of the year – the bill would offer major radio stations direct financial assistance.

"There is a difference between supporting vital local news outlets and billion dollar broadcast conglomerates, especially given that these enormous [terrestrial] radio conglomerates refuse to compensate recording artists for using their music."

Under the legislation, Big Radio and broadcasting companies would be eligible for Paycheck Protection Program loans, which were originally intended to keep small businesses afloat during this tough economic time. Rather than saving funds to help your favorite mom-and-pop restaurant keep their lights on, Big Radio will instead take the limited federal relief money and increase their staggering corporate wealth if this bill is enacted into law.

While many believe that this House-passed legislation is ‘dead on arrival’ in the Senate, the worry remains that the upper chamber could adopt a similar negotiating proposal to aid Big Radio.

Along with A2iM, the Future of Music Coalition, and SoundExchange, the Recording Academy released a statement condemning this provision in the HEROES Act, stating, “there is a difference between supporting vital local news outlets and billion dollar broadcast conglomerates, especially given that these enormous radio conglomerates refuse to compensate recording artists for using their music, in contrast with satellite radio and streaming services that do pay.”

The statement concludes with the sober recommendation: "With so many people in need at this time, let's keep the focus where it should be: small businesses and workers, not on big broadcasters."

Instead of bailing out Big Radio, Congress should focus on passing relief for the true small businesses—including the smallest of small: artists, songwriters, producers, and creators struggling with the pandemic.  One such step would be passing the AM-FM Act, a bipartisan and bicameral bill that would require radio stations to ask permission and negotiate a fair market rate before playing a creator’s music. You can add your voice to the chorus of support for the AM-FM Act by contacting your Members of Congress today and urging them to support this necessary legislation. 

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Streaming Is Down, Festivals Are Dark: How Music Is Coping With COVID-19

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The Recording Academy is offering daily Q&A, an online informative information hub, in-depth webinars and more to keep music creators going
Nate Hertweck
Advocacy
Apr 15, 2020 - 3:59 pm

One month since many Americans began to live life altogether differently, COVID-19 continues to devastate the music world. From taking the lives of such pillars of its community as John Prine, Hal Willner and Adam Schlesinger, to the financial fallout created from mass cancellation of all tours, festivals and events, music creators have been hit hard and fast by the pandemic. Even the relief plan passed to provide critical aid to music makers has encountered issues, as creators struggle to navigate the Coronavirus Aid, Relief, and Economic Security (CARES) Act.

An Industry Hit Hard

Making matters worse, new data shows that streaming is down, contrary to widespread hopes that more time at home during the era of social distancing would result in a listening boom. Sadly, music streaming was down 7.6 percent for the week of March 13 with digital album sales also down 12.4 percent. Even physical sales took a big hit, dropping 27.6 percent, according to Rolling Stone's Alpha Data.

On the live event side of the business, Forbes reports over 300 festivals have announced cancellations or postponements, affecting 90 percent of workers in the festival industry. To put the festival falloff in perspective, Coachella, which boasted a $700 million economic impact in 2016, was supposed to start this past weekend.

Cities that usually thrive on live music, like New Orleans, are most susceptible to the crisis. The Big Easy has 38,000 "cultural workers" with jobs in music venues and restaurants, nearly 10 percent of its entire population, and musicians make an average of just $17,800 a year according to the Washington Post.

As the industry reels from the ongoing effects of COVID-19, the Recording Academy has made it a priority to work with lawmakers to ensure that the nation’s recovery efforts are inclusive of music makers and the industry. The CARES Act established many new parameters that should help the struggling artists, songwriters, studio professionals, and other industry workers who are out of work, underworked, or simply unable to work.

Valuable Resources

With so many challenges facing music creators, many of whom were already struggling to make a livable wage, it is important to know what support resources are available to the music community. The Recording Academy has joined other groups in the music community by helping to launch the Music COVID Relief website, which contains the latest updates on the Federal Government’s response to the coronavirus.

Also, if you missed last week’s CARES Act webinar, a detailed discussion of how the new law affects music creators, you can watch it here. Additional webinars and programming will be announced soon to further dive into these new benefits.

The Academy has also started posting “COVID-19 Relief for Music Creators: Question of the Day” on its social feed. The daily Q&A has already provided insight on how songwriters can file for "gig" employment status, how and where independent contractors should file for unemployment, and more.

If you have a question regarding the CARES Act, what aid is available, or how it impacts you, please feel free to submit questions to the Recording Academy’s CARES Act Helpline here. A team of legal and policy experts will get back to you with answers.

Making The Stimulus Work For You

Even with a $2 trillion stimulus already passed into law, the fight for relief is far from over. The Recording Academy continues to raise the voices of the music community, letting officials around the country know how critical this time and their support is for creators.

Along with other members of the music community, the Academy sent letters to several Governors and State Labor agencies, and to US Secretary of Labor Scalia, regarding the CARES Act. The letters address implementation of the Pandemic Unemployment Assistance (PUA) program for self-employed individuals, including the need for clear guidance on how to file for unemployment, a full accounting of annual income when calculating the weekly benefit amount for self-employed individuals, and retroactive payments under the PUA program.

Looking ahead, Congressional talks regarding additional COVID-19 relief funding have stalled. To stay informed on the latest developments, visit the Music Covid Relief website.

To further support music makers during these difficult and uncertain times, the Recording Academy and MusiCares recently established the COVID-19 Relief Fund.

If you are an artist or music professional who has been impacted by this unprecedented circumstance and are in need of assistance, please visit our MusiCares page to learn more about the financial, medical and personal emergencies services and resources offered by the Recording Academy.

For more information and developments related to the coronavirus, visit the World Health Organization and Centers for Disease Control and Prevention for ongoing news and updates.

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