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Sen. Thom Tillis

Sen. Thom Tillis

 

Photo: Anna Moneymaker-Pool/Getty Images

 
News
Senate Introduces Draft Digital Copyright Act senate-subcommittee-introduces-draft-bill-reform-dmca

Senate Subcommittee Introduces Draft Bill To Reform DMCA

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After a year of hearings, Chairman Tillis (R-N.C.) has introduced the discussion draft of a bill to reform the DMCA, a welcomed sign for music creators
Advocacy
Dec 22, 2020 - 3:20 pm

The Senate Judiciary Committee's Subcommittee on Intellectual Property spent the past year analyzing how the Digital Millennium Copyright Act (DMCA) fits into the modern internet ecosystem. Facilitated by Subcommittee Chairman Thom Tillis (R-N.C.) and Subcommittee Ranking Member Chris Coons (D-Del.), the subcommittee hosted numerous hearings and convened regular stakeholder discussions to learn how to best reform the aging legislation to better empower and equip creators to protect their work online.

On December 22, 2020, Chairman Tillis released the first discussion draft of the Digital Copyright Act (DCA) of 2021, intended to reform the DMCA. "The Digital Millennium Copyright Act was passed in 1998, and while it was revolutionary at the time, the law simply hasn't kept pace with changes in technology. The DMCA is now antiquated and is past-due for modernization," defended Chairman Tillis. "This discussion draft is the result of a year-long series of hearings and months of feedback from creators, user groups, and technology companies. This is just the first step in a long and lengthy process, and I look forward to receiving feedback from stakeholders and releasing a second discussion draft in April."

https://twitter.com/Unite4Copyright/status/1341416086781222915

In a second statement released today, Copyright Alliance CEO @keithkup commended @SenThomTillis for his year-long review of the #DMCA, concluding today with the Senator’s release of discussion draft legislation titled the Digital Copyright Act of 2021. https://t.co/8b8pruZCsd pic.twitter.com/TIES729M4t

— Copyright Alliance (@Unite4Copyright) December 22, 2020

The discussion draft embodies many of the key concerns presented by the Academy, including ways that better empower individual creators and independent music makers such as replacing the "notice and takedown" system that has long disadvantaged individual creators fighting against rampant and persistent infringement. The Recording Academy has long championed reforms to the DMCA over the years, and was an active participant in the multiyear Copyright Office study on Section 512 of the DMCA, which recommended many of the changes outlined by Chairman Tillis. 

https://twitter.com/RecordingAcad/status/1228036120342155265

A Senate Judiciary Intellectual Property Subcommittee hearing takes a hard look at how the ever-important #DMCA is holding up in today's ever-changing music industry. https://t.co/rcgoczqEHz

— Recording Academy / GRAMMYs (@RecordingAcad) February 13, 2020

Recording Academy Chair & Interim President/CEO Harvey Mason jr. praised the discussion draft. "The Recording Academy would like to thank Senator Tillis for his leadership in advancing DMCA reform. The Academy is particularly gratified that this initial discussion draft of legislation incorporates reforms that the Academy has advocated for since 2014, including a 'notice-and-staydown' requirement and other provisions that help independent music creators. We look forward to working with Senator Tillis and other members of the Senate and House Judiciary Committees in 2021 to accomplish meaningful reform of the DMCA." 

Actively representing music creators throughout this lengthy process, Mason jr. and four-time GRAMMY winning singer/songwriter and Recording Academy Trustee Yolanda Adams testified before the subcommittee in support of pro-creator reforms earlier this year. The Recording Academy will continue to ensure that music makers always have a voice during these ongoing negotiations and to advocate for the inclusion of these pro-creator provisions in the final bill text.

The Digital Millennium Copyright Act Revisited: Keeping Music Policy Modern

Statue of Brazilian musician and composer Antonio Carlos "Tom" Jobim in 2020

Statue of Brazilian musician and composer Antonio Carlos "Tom" Jobim in 2020

 

Photo: Bruna Prado/Getty Images

 
News
2020 In Review: Helping Music Survive The Pandemic year-review-helping-music-ecosystem-survive-pandemic

A Year In Review: Helping The Music Ecosystem Survive The Pandemic

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From securing COVID relief for struggling music creators to getting out the vote with #MusicVotes, let's take a moment to reflect on a year of advocacy wins
Advocacy
Dec 29, 2020 - 10:55 am

This unprecedented year has been extremely painful for the music ecosystem, but it is not without hope. Before we look forward to the return of live music, sold-out tours, and in-studio recording sessions poised to take place in 2021, let's take a moment to reflect on the highlights of what the advocacy of Recording Academy members and music lovers helped to accomplish this past year:

January: 
Bringing Music Makers And Policymakers Together At The GRAMMYs

Leading artists, songwriters and producers met with members of Congress as part of GRAMMY Week. The discussion gave legislators firsthand knowledge about the challenges facing music creators.

February:
Academy Fights For NEA Funding

The Academy quickly jumped to action after the President released his annual budget in February that zeroed out funding for the National Endowment for the Arts (NEA), calling the proposal a "non-starter" and submitting testimony to Congressional appropriators in support of an increase in funding, which Congress ultimately approved. 

March:
Passage Of The CARES Act Includes Historic Help For Music Creators

Academy members advocated Congress to include pro-music provisions in a COVID-19 relief package, and as a result, the CARES Act provided unemployment assistance for the first time to self-employed gig workers, made self-employed workers eligible for the new Paycheck Protection Program, and provided $75M in supplemental funds for the National Endowment for the Arts (NEA).

April:
Academy Establishes CARES Act Helpline

To help Academy members access the benefits available under the CARES Act, the Recording Academy established the CARES Act Hotline to answer questions and conducted an informational webinar. 

May:
Harvey Mason, jr. Testifies Before Senate: Creators Must Be Paid Fairly

The Recording Academy's Chair & Interim President/CEO was a witness before the Senate Subcommittee on Intellectual Property. As part of a series of hearings examining the Digital Millennium Copyright Act (DMCA), Mason advocated for a performance right for sound recordings on AM/FM radio. 

https://twitter.com/GRAMMYAdvocacy/status/1266072065477656577

Our @RecordingAcad Chair and Interim President/CEO, @HarveyMasonjr, took the (virtual) stand yesterday on behalf of music makers. 👏 #AMFMAct https://t.co/SAtFciVO5J

— GRAMMY Advocacy (@GRAMMYAdvocacy) May 28, 2020

June:
United States-Mexico-Canada Agreement (USMCA) Includes National Treatment Provisions

Academy members asked Congress to protect creators in the USMCA during GRAMMYs on the Hill 2019, and the new USMCA trade agreement officially established a "national treatment" with Canada and Mexico that enables U.S. performers to receive radio performance royalties for airplay in those countries.

July:
Yolanda Adams Testifies In The Senate: Fair Use Must Be Fair To Creators

Four-time GRAMMY winning singer/songwriter and Recording Academy Trustee Yolanda Adams represented the Academy at a formal DMCA hearing before the Senate's Intellectual Property Subcommittee.

House Introduces HITS Act
With support from the Academy and its members, Reps. Linda Sánchez (D-Calif.) and Ron Estes (R-Kan.) introduced the bipartisan Help Independent Tracks Succeed (HITS) Act, allowing independent artists to expense the cost of new studio recordings within the same year of production. 

August:
Summer Of Advocacy Concludes With District Advocate Day

Culminating with the first all-virtual District Advocate Day, thousands of Academy members met with hundreds of Congressional offices to stress the importance of pro-music relief. 

https://twitter.com/GRAMMYAdvocacy/status/1293522630847483906

Today is #DistrictAdvocate day––the nation's largest grassroots music advocacy movement! 🎵

Join @RecordingAcad members and take action: https://t.co/F1gq8QYEDq pic.twitter.com/RQnWMlgxkh

— GRAMMY Advocacy (@GRAMMYAdvocacy) August 12, 2020

September:
#MusicVotes Helps Get Out The Vote

Alongside our partners at HeadCount, the Recording Academy's #MusicVotes campaign made it simple, easy, and fast for music creators to vote, apply for an absentee ballot, and find their polling place.

October:
Recording Academy Supports MLC Implementation

Established by the MMA, the Mechanical Licensing Collective (MLC) will collect mechanical royalties from digital streaming services. To help songwriters understand the new MLC, the Academy hosted a webinar with MLC CEO Kris Ahrend and songwriter Tayla Parx. 

November:
HITS Act Introduced In The Senate

After Academy members lobbied for the HITS Act during District Advocate day and throughout the fall, Senators Dianne Feinstein (D-Calif.) and Marsha Blackburn (R-Tenn.) introduced a companion bill in the Senate, demonstrating its growing support.

December:
Academy Advocacy Helps Ensure Additional COVID-19 Relief For Creators

After more than nine months of advocacy by thousands of RA members, Congress passes a second comprehensive COVID relief bill, extending and enhancing benefits to freelance music creators.  The omnibus bill also contained key copyright improvements including the CASE Act (small claims copyright court).

Without the tireless advocacy of Recording Academy members, none of these accomplishments would have been possible, but we know we still have much more work ahead of us in the New Year to ensure that the music ecosystem sees a full recovery. Here's to a safe and wonderful holiday season!

Recording Academy And Music Community Coalitions Continue Advocacy For COVID-19 Relief

U.S. Capitol

U.S. Capitol

Photo: SAUL LOEB/AFP via Getty Images

News
Congress Delivers New Comprehensive COVID Package bipartisan-package-brings-new-covid-relief-and-more

Bipartisan Package Brings New COVID Relief And More

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In the waning days of the 116th Congress, a bipartisan package includes new COVID relief and more
Advocacy
Dec 21, 2020 - 3:19 pm

After months of shifting negotiations and perpetuating stalemates, Congress reached a deal to provide the American public with additional COVID-19 relief. Congressional leadership, comprised of House Speaker Nancy Pelosi (D-Calif.), Majority Leader Mitch McConnell (R-Ky.), Minority Leader Chuck Schumer (D-N.Y.), and House Republican Leader Kevin McCarthy (R-Calif.), announced an agreement on Sunday, December 20 to attach the relief to an end-of-year government spending bill to be voted on Monday, December 21 and signed into law by the president. 

Recording Academy Chair & Interim President/CEO Harvey Mason jr. praised Congressional leadership on the new stimulus package, a welcomed sign for many struggling music creators. "The Recording Academy is pleased that Congress heard the call of thousands of music creators and included protections for the music community in the omnibus bill. In addition to extended and improved unemployment benefits and small business loans for freelance creators, the package includes several bills which the Recording Academy, its members, and the larger music community advocated for. From the Save Our Stages Act, which provides a lifeline to performance venues and promoters, to the CASE Act, which creates an avenue for smaller creators to defend their copyrighted works, Congress has ensured that both music creators and those who act behind the scenes to bring music to life are given the support they need during this difficult time." 

The package includes $900 billion in COVID-19 relief that will fund many critical provisions to assist struggling creators to survive the enduring financial hardship inflicted by the pandemic: 

Pandemic Unemployment Assistance

Under the agreement, Congress will extend the Pandemic Unemployment Assistance (PUA) program to April 2021, ensuring that self-employed music professionals, gig workers, and freelancers can continue to receive unemployment benefits as long as they are out-of-work. For many music makers with mixed income (a combination of W2/1099 wages), Congress has authorized a new $100 per week bonus payment to offset some of the eligibility complications encountered earlier this year. 

In the agreement, Congress also re-imagined the popular Federal Pandemic Unemployment Compensation (FPUC) program and funded it at $300 in additional unemployment benefits per week. The bonus payments will go to all individuals receiving unemployment assistance until mid-March. Finally, the stimulus legislation also includes direct payments of $600 per worker earning less than $75k annually ($150k for a couple).

https://twitter.com/GRAMMYAdvocacy/status/1340013676695207937

The #music ecosystem has been one of the most affected industries by COVID-19.

While #Congress continues to negotiate a relief package, contact your elected representatives and explain the importance of supporting music creators!

Here's how➡️ https://t.co/qDZGxEItfV pic.twitter.com/iDEbeczNGh

— GRAMMY Advocacy (@GRAMMYAdvocacy) December 18, 2020

Small Business Loans

The relief package appropriates $284 billion for both first and second rounds of Paycheck Protection Program (PPP) loans. The program, which proved to be wildly popular under the CARES Act, is intended to tether workers to their places of employment, allowing for a quick recovery once regular business operations can resume at pre-pandemic levels. Updated guidance on the PPP program and application is expected to be unveiled soon.  

Additionally, the Emergency Injury Disaster Loan (EIDL) program will be replenished with $20 billion in new funding, a tool which self-employed workers and small business owners can leverage to pay for expenses. The bill attempts to address the uneven impact of COVID-19 felt by minority-owned businesses and underserved communities by appropriating $3B for Community Development Financial Institutions (CDFIs) and Minority Depository Institutions (MDIs).

Venue Relief

Styled after the Save Our Stages (SOS) Act, the legislation includes $15 billion to support live event venues and other cultural institutions, including museums. This new program, to be administered by the Small Business Administration, will help independent venues survive the enduring impact of the pandemic and ensure live music can return to the stage safely in the future. While the guidance for this program has yet to be published, the Recording Academy will continue to communicate with its members on how to best leverage these programs to assist with immediate needs in the music ecosystem. 

End-Of-Year Spending Deal: CASE Act And More

The comprehensive package also have provisions for creators beyond the COVID relief sections.  

As part of the omnibus spending deal to fund the government for Fiscal Year 2021, Congressional leaders agreed to include the Copyright Alternative in Small-Claims Enforcement (CASE) Act. The bipartisan and bicameral legislation, which already passed the House of Representatives and out of the Senate Judiciary Committee, will improve the currently unfair copyright enforcement system by establishing a small claims court for copyright cases through a three-"judge" tribunal within the U.S. Copyright Office. A big win for creators, the CASE Act levels the playing field by driving down the high cost of federal litigation. The bill also increases funding for the National Endowment for the Arts (NEA), and includes a new provision to treat commercial, large-scale illicit streaming as a felony—helping crack down on rampant online copyright infringement operations like stream-ripping websites. 

https://twitter.com/RollingStone/status/1340830941862883329

Congress has finally reached an agreement on a new Covid-19 relief bill that will include funding for independent music venues that have been closed throughout the pandemic. The bill is expected to be passed this week #SaveOurStages https://t.co/mh7ue99sn5

— Rolling Stone (@RollingStone) December 21, 2020

Before this funding deal was solidified, many crucial programs in the CARES Act were on track to sunset at the conclusion of the calendar year. Aware of the burden this would cause on creators, the Recording Academy launched a campaign to call on Congress to pass additional financial relief for creators and small businesses before the holiday recess. The activation has already resulted in thousands of letters and hundreds of calls being sent to elected officials.

This new compromised solution is a step in the right direction for creators, but Congress' work on COVID-19 is not done. Once the legislative body returns in January to start the 117th Congress, focus must be shifted to establishing long-term solutions to ensure a full recovery once the lockdowns are lifted. These long-term solutions include the passage of the RESTART and HITS Acts, implementation of critical DMCA reform, and establishment of a performance right for sound recordings broadcast by terrestrial (AM/FM) radio.

Take Action: Urge Congress To Pass COVID Relief For Music

(L) Sen. Marsha Blackburn (R-Tenn.) and (R) Sen. Dianne Feinstein (D-Calif.)

(L) Sen. Marsha Blackburn (R-Tenn.) and (R) Sen. Dianne Feinstein (D-Calif.)

 

Left Image by Paul Morigi/WireImage for The Recording Academy

News
Sens. Feinstein and Blackburn Introduce HITS Act sens-feinstein-and-blackburn-introduce-hits-act-senate

Sens. Feinstein And Blackburn Introduce The HITS Act In The Senate

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Today, Senators Dianne Feinstein (D-Calif.) and Marsha Blackburn (R-Tenn.) introduced the HITS Act in the Senate, serving as a companion to the version introduced in the House
Advocacy
Dec 3, 2020 - 2:22 pm

Today, Sens. Dianne Feinstein (D-Calif.) and Marsha Blackburn (R-Tenn.) introduced the Help Independent Tracks Succeed (HITS) Act in the Senate. A small tax incentive to help get independent artists back in the studio, the HITS Act allows these artists to deduct 100% of their production expenses in the United States, up to $150,000, in the year expenses are incurred. The legislation serves as a companion bill to the House of Representatives version (H.R.7886), which was introduced by Reps. Linda Sánchez (D-Calif.) and Ron Estes (R-Kan.) earlier this year.

Recording Academy Chair and Interim President/CEO Harvey Mason jr. applauded Sens. Feinstein and Blackburn's legislation. "Today's introduction of the HITS Act in the Senate lays the groundwork for creators to produce new music and create jobs amidst a year filled with economic uncertainty. This change in the tax code – similar to the tax treatment of other creative industries -- will incentivize more music production. The Recording Academy thanks Senators Feinstein and Blackburn for their leadership on this issue and for introducing the Senate companion to the House bill, which already enjoys broad, bipartisan support."

https://twitter.com/SenFeinstein/status/1334545535462682625

Because most large, public gatherings have been prohibited, independent musicians and music production workers have been among the hardest hit by the pandemic. I introduced a bipartisan bill with Senator @MarshaBlackburn to provide relief. https://t.co/7AW2lMmGZx

— Senator Dianne Feinstein (@SenFeinstein) December 3, 2020

In a joint press release, Sens. Feinstein and Blackburn stressed the importance of passing the HITS Act. "Because most large, public gatherings have been prohibited since the pandemic began, musicians and music producers have been among the hardest hit by the coronavirus," Senator Feinstein said about the HITS Act. "Our bill would provide relief by allowing independent musicians, technicians and producers to deduct their production expenses in the same year they occur, rather than forcing them to spread those deductions out over several years. This is in line with how expenses are treated for film, television and theater productions, and it makes sense to create parity for music productions."

"Singers and songwriters lift our spirits and now need our help to get past the pandemic," Senator Blackburn said. "These artists are the lifeblood of Nashville's creative community. This bipartisan legislation will provide additional tax deductions to ease the burden facing our creative community by allowing our independent artists to fully deduct the cost of producing their music."

https://twitter.com/GRAMMYAdvocacy/status/1329892488513871873

.@HarveyMasonjr, @RecordingAcad Chair and Interim President/CEO, op-ed on @TheHill details how #congress can help music creators survive the pandemic by passing several bipartisan bills. https://t.co/Fzgh2IVDCd

— GRAMMY Advocacy (@GRAMMYAdvocacy) November 20, 2020

The Recording Academy recently sent a letter to Congressional leadership advocating for the inclusion of pro-creator policies in future COVID-centric stimulus packages, including a call to pass the HITS Act. The letter, which was also signed by 21 organizations in the music community, argued that, "Congress must ensure that tax relief reaches musicians and workers in the performing arts by passing the Performing Artist Tax Parity Act and the HITS Act." The letter concludes with a call for Congress to take action before the conclusion of the year, stating, "We hope that with your leadership, Congress, in the upcoming lame duck session, will take this clear opportunity to save American music, culture, and countless small businesses."

Mason also called on Congress to pass the bipartisan and now bicameral HITS Act in a recent opinion piece featured in The Hill. A creator himself, Mason advocated for the positive financial benefit of this modest tax bill, especially in a post-pandemic music ecosystem. "With music venues remaining closed, music creators have struggled to find sustainable ways to earn a livable income. Instead, many are using this time to create and produce new music, with the goal of returning to the studio in order to record," argued Mason.

Let's hope Congress takes swift action on the HITS Act in order to provide relief to struggling creators before the conclusion of this year!

Read Harvey Mason jr.'s full opinion piece in The Hill.

Take Action: Urge Congress to Pass COVID Relief for Music

Harvey Mason jr.

Harvey Mason jr.

Photo Courtesy of Harvey Mason jr.

 
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Harvey Mason jr: Congress Has Time To Aid Creators harvey-mason-jr-congress-must-help-music-creators-survive-pandemic

Harvey Mason jr.: Congress Must Help Music Creators Survive The Pandemic

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In a recent opinion piece, Recording Academy Chair and Interim President/CEO Harvey Mason jr. calls on Congress to take action to help the entire music ecosystem
Advocacy
Dec 2, 2020 - 3:29 pm

The CARES Act proved to serve as a bridge over troubled waters for creators during the early onset of the COVID-19 pandemic. Serving as a lifeline to many music makers, several of the important pro-creator provisions included in the legislation have already expired or are set to expire at the conclusion of this year, including the expansion of unemployment insurance for gig workers (expires December 31), the paycheck protection program (expired in August), and supplemental funding of the National Endowment for the Arts (exhausted in June). 

Congress has the ability to intervene to reauthorize and extend these critical programs and continue necessary relief for thousands of creators. Alongside our music community peers, the Recording Academy recently drafted a letter calling on Congressional leadership to take additional action. “The live music business – once a sign of a thriving community and a draw to our cultural and commercial centers – has gone tragically silent. The music community remains grateful for Congress’ bipartisan relief efforts earlier this year, but more must be done soon to avoid a level of loss that that could devastate artists, musicians, engineers, producers, venues, and everyone in the music industry for a generation,” penned the coalition.

In an opinion piece in The Hill, Recording Academy Chair and Interim President/CEO Harvey Mason jr. expanded on this call by urging Congress to take action before the conclusion of the 116th Congress. Mason, who has produced tracks for Michael Jackson, Whitney Houston, and Britney Spears, understands the fragile financial state of the music community and shares how Congress can help build a path towards recovery by including key legislative provisions in any future COVID-19 stimulus package. “Beneath the stack of introduced legislation lie several bipartisan bills waiting for action. Combined, these bills help the music community in a variety of crucial ways and will benefit music creators and small business owners for years to come,” writes Mason.

https://twitter.com/GRAMMYAdvocacy/status/1329892488513871873

.@HarveyMasonjr, @RecordingAcad Chair and Interim President/CEO, op-ed on @TheHill details how #congress can help music creators survive the pandemic by passing several bipartisan bills. https://t.co/Fzgh2IVDCd

— GRAMMY Advocacy (@GRAMMYAdvocacy) November 20, 2020

Outlining the specific pro-music legislation, Mason first discusses the Help Independent Tracks Succeed (HITS) Act (H.R.7886), a bill introduced by Reps. Linda Sánchez (D-Calif.) and Ron Estes (R-Kan.). “With music venues remaining closed, music creators have struggled to find sustainable ways to earn a livable income. Instead, many are using this time to create and produce new music, with the goal of returning to the studio in order to record,” argues Mason. A small tax incentive to help get independent artists back in the studio, the HITS Act allows these artists to deduct 100% of their production expenses in the United States, up to $150,000, in the year expenses are incurred.

Mason argues that the HITS Act also creates equitable tax treatment within the creative community, writing, “This bill would bring qualified independent music artists onto the same level as film and television creators, allowing them to not only safely reenter the studio to record music but also employ gig workers such as session players and backup singers who contribute to the overall production of an album.”

In addition to cancelled gigs and rescheduled tours, Mason next describes the immense impact a struggling creative community has on the surrounding economy, stating, “This music ecosystem is only a small part of a larger business environment made up of music venues, independent studios, and other small businesses which, while adapting to new ways of doing business, are struggling to stay afloat amid continuing lockdowns.” Mason endorses two legislative solutions to help the greater music ecosystem: the Save Our Stages (SOS) Act (H.R.7806/S.4258) and the Reviving the Economy Sustainably Towards a Recovery in Twenty-twenty (RESTART) Act (H.R.7481/S.3814).

Introduced by Sens. John Cornyn (R-Texas) and Amy Klobuchar (D-Minn.) and Reps. Peter Welch (D-Vt.) and Roger Williams (R-Texas), the SOS Act provides six months of financial support for struggling independent live music venues. The bill would appropriate $10 billion in Small Business Administration grants for the industry. The RESTART Act, championed by Sens. Michael Bennet (D-Colo.) and Todd Young (R-Ind.) and Reps. Jared Golden (D-Maine) and Rep. Mike Kelly (R-Pa.), gives a boost to small- and medium-sized businesses that are struggling to survive the pandemic. With music venues and other music businesses still shuttered (and no reopening in sight), the RESTART Act is essential to keeping the music playing after the pandemic. “Together, these two bills will help ensure that when it becomes safe to do so, fans will once again be able [to] enjoy the experience of hearing new music, live,” states Mason. 

https://twitter.com/GRAMMYAdvocacy/status/1329500390694539267

As the music ecosystem struggles to survive the impact of #COVID19, Josh Abbott (@joshabbottband) calls on Congress to pass the #HITSAct, ensuring that music plays on after the lockdowns are lifted. https://t.co/SaJjEKjIrp

— GRAMMY Advocacy (@GRAMMYAdvocacy) November 19, 2020

The penultimate solution offered by Mason is to pass the Copyright Alternative in Small-Claims Enforcement (CASE) Act (H.R.2426/S.1273). “When creators produce new music, they justifiably want assurance that their works will be protected from infringement by law,” writes Mason, continuing, “However, despite copyright protection being a constitutional right for all creators, many don’t have unlimited resources to do so. The expenses incurred from federal litigation create a barrier for many independent creators to defend their rights when someone infringes on their work.” The CASE Act establish a small claims court for copyright cases through a tribunal within the U.S. Copyright Office. Mason endorses the CASE Act, stating the House-passed bill would, “limit the disenfranchisement of smaller creators and provide a more level playing field within the music ecosystem as a whole.”

Finally, Mason advocates for the inclusion of the Mixed Earner Pandemic Unemployment Assistance Act (H.R.7691/S.4442) in any future stimulus legislation. “Many creators, including singers, composers, and others are actually the original gig workers — individuals who are self-employed and work on several individual projects a year,” Mason writes. Earlier this year, the CARES Act extended unemployment insurance to eligible gig workers, a subsection of the workforce typically boxed out of traditional financial relief. The CARES Act unintentionally prevented “mixed earners,” those with both traditional and freelance incomes, from receiving their full share of unemployment assistance. Sponsored by Reps. Adam Schiff (D-Calif.) and Judy Chu (D-Calif.) and Sens. Mark Warner (D-Va.) and Tina Smith (D-Minn.), the legislation ensures that all workers have equitable access to the maximum possible support in future unemployment benefit programs.

Mason concludes the piece on an optimistic note, stating, “Our country is on a slow but steady path to recovery. As the 116th session comes to a close, Congress can make the lame duck session anything but lame by passing bipartisan legislation which not only helps music creators survive the pandemic but create a small note of harmony on this otherwise discordant year.”

Read Harvey Mason jr.’s full opinion piece in The Hill.

Recording Academy And Music Community Coalitions Continue Advocacy For COVID-19 Relief

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