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What California's New Gig Economy Labor Law Means For Music Makers

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The Golden State has passed legislation securing wage and benefit protections for rideshare drivers, but the reach of the law could stretch into the music industry
Nate Hertweck
Advocacy
Sep 20, 2019 - 2:13 pm

"The gig economy is clearly here to stay – but it's not so clear how the new California labor law will affect music makers." –Conversations In Advocacy #66

This week California Governor Gavin Newsom signed a new labor law aimed to support rideshare drivers and companies like Lyft and Uber with wage and benefit protections. But the sweeping legislation could also have an impact in other industries affected by the rise of the so-called "gig economy," including music.

Under the new law, it will be harder for companies to classify workers as independent contractors instead of employees, entitling more freelance workers to minimum wage and employment benefits.

"California is now setting the global standard for worker protections for other states and countries to follow," Democratic Assemblywoman Lorena Gonzalez, the bill's author, said in a statement.

But music industry executives in California have warned Gonzalez that, while the law's effect on ridesharing and delivery companies has been the focus, the ramifications for producers, engineers, studio and live musicians, publicists and other working independently could be detrimental.The Recording Academy has also been involved in educating lawmakers about the impact of such legislation.

"Unless there is an exemption for the music industry, it will make every studio engineer, employees for whoever is hiring them," American Association of Independent Music (A2IM) president and CEO Richard J. Burgess said. "On a practical level, I don't see how it can work."

Gonzalez also told Billboard she's been meeting with music industry stakeholders to understand the law's impact on music makers, but could not agree on language for any sort of exemption or amendment.

The Recording Industry Association of America (RIAA) has also issued a statement vowing to continue talks until a solution is reached, stating, "It will be hard to make music in California until this crucial exemption is won."

Rideshare and delivery companies have also responded, pushing Governor Newsom to come up with a third option for gig companies. But Newsom wants to keep negotiations between workers and businesses open so gig workers can collectively bargain. It's also unclear whether the new law would enable gig workers to unionize. While the effect of the new legislation is still coming into focus, it is clear change is coming for California labor law.

Meet The Recording Academy's New Advocacy Committee Led By Sue Ennis & Lalah Hathaway

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Sen. Ron Wyden (D–Ore.)

Photo: Chris Kleponis-Pool/Getty Images

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CASE Act Update: Why Won’t Senator Wyden Support Music Makers?

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A new billboard, an enlightening op-ed and a mounting online surge of support for music creators are all asking: why won't Oregon's Sen. Wyden release his hold on the bill?
Advocacy
Jan 15, 2020 - 4:38 pm

The Copyright Alternative Small Claims Enforcement Act (CASE Act) has gained bipartisan backing and widespread support from across the creative community – so why hasn't this bill become law? Sen. Ron Wyden (D–Ore.) continues his hold on the bill, unwilling to compromise.

Fortunately, a surge of grassroots activism from many types of creatives, including music creators, is turning up the heat on Sen. Wyden. Oregonians and creators across the country alike have built increase online activity to pressure Sen. Wyden to reconsider and remove the hold, including the hashtag  #JustOne designed to highlight that only one lawmaker is standing in the way of this bill becoming law.

Most notably, a new billboard went up near Sen. Wyden's office in Portland that draws attention to Wyden’s hold on the creative community. Additionally, an op-ed ran today in the The Oregonian titled "Sen. Wyden, Please Don't Harm Oregon's Music Scene." Written by four current and past Recording Academy leaders, including Stone, Sylvia Massey, Amy Dragon and Amber Sweeney, outlines why the CASE Act is, "A vital piece of legislation that will empower music creators."

"Indie creators are uniquely vulnerable to the realities of the modern music industry. With the massive expense of litigation to protect intellectual property, they are crushed under the weight of a copyright system which leaves music creators unable to claim ownership of what’s rightfully theirs," the article states, concluding with, "Will Sen. Wyden support the music creators in our state, or will he go down in history as the senator who killed this important bill?"

As part of the rollout of the billboard, which went up earlier this week, Oregon creators shared their reasoning for erecting it during a press briefing today where they further articulated their frustrations with Sen. Wyden’s continued hold on the bill.

Participating in the briefing are several members of Oregon's creative community, including MIT Portraits' Bryan Welsh, photographer Lisa Dillon, Executive Director of Music Portland Meara McLaughlin, Polara Studios' Michael Shay, Immediate Past President of Oregon Professional Photographers Association and Light Science Studios' Sam Tarrel, as well as producer, vocalist, DJ and former Recording Academy Trustee Tyler Stone.

This diverse and passionate roster participants in today's briefing are a testament to the impact the hold on the bill has on creators in Oregon and beyond.

The CASE Act would fix the current system makes it expensive and complex for creators to fight against infringement of their work in a federal court by setting up a simpler and more streamlined small claims court. The bill recently passed by a landslide 410-6 vote in the House and will move to the Senate next. Sen. Ron Wyden's hold might come as little surprise, considering he also previously opposed the Music Modernization Act (MMA).

Indeed, the critical question remains whether Sen. Wyden will continue to decide the fate of the CASE Act. Now is the time to contact Sen. Wyden to let him know you stand with the bill that will simplify and streamline the process for all creators to defend their work against infringement.

What's Ahead In 2020 For Music Creators' Rights?

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Karyn A. Temple

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Karyn Temple To Exit U.S. Copyright Office: How The CASE Act Can Continue Her Great Work

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As the current Register of Copyrights prepares to move on to a new role, we look at how the CASE Act is still setup for success and what's left to be done
Nate Hertweck
Advocacy
Dec 18, 2019 - 4:23 pm

For the times they are a-changing in Washington. Karyn Temple, who has been instrumental in the successful implementation of the Music Modernization Act (MMA), is leaving her post as the 13th Register of Copyrights at the conclusion of this year. Temple is departing the U.S. Copyright Office to become the Motion Picture Association’s General Counsel. Her dedication to the effort to modernize the Copyright Office has been admirable and will surely be missed.

One of many to congratulate and laud the outgoing Register leading up to her departure, Librarian of Congress Dr. Carla Hayden stated that Temple, "Greatly improved [the Copyright Office’s] critical functions and paved the way for a modernized Copyright system."

Temple has been with the Copyright Office since 2013, and even shared the stage for a panel at SXSW in 2017 with the Recording Academy's own Director of Advocacy & Public Policy, Todd Dupler. And her legacy will live on through her many accomplishments such as the establishment of the Mechanical Licensing Collective, compensation for pre-1972 recording artists, and strong devotion to the importance of copyright and creativity.  The Recording Academy sends a big "thank you" to Temple for her efforts to build a better system for music makers.

But Temple's diligent work on behalf of creators won’t stop with her departure. In fact, she leaves behind a Copyright Office that is already effectively implementing last year’s MMA and is well-prepared for the eventual passage of the CASE Act, which will establish a simpler and more streamlined small claims court to empower and protect all songwriters, artists, and creators.

The CASE Act's momentum continued during the Senate Committee on the Judiciary's hearing on Dec. 10, where their discussion of modernization efforts included the Copyright Office's readiness to implement the CASE Act. The hearing also outlined the timeline to name Temple's replacement, with Dr. Hayden saying they'd like to name a replacement in as soon as possible and that she would prefer to coordinate on this decision with the Senator’s offices. In the meantime, Dr. Hayden recently appointed Maria Strong to serve as the Acting Register.

And while passage of the CASE Act would make for a nice cap off to Temple's tenure, the bill is still being blocked by Sen. Ron Wyden (D-OR), who previously opposed the MMA. As lawmakers and the music community alike deepen their understanding of the CASE Act's many benefits. Now is the time to contact Sen. Wyden to tell him know you stand with the bill that will simplify and streamline the process for all creators to defend their work against infringement.

District Advocate Day 2019: Music Creators Raise Their Voices Across The U.S.

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Sen. Durbin, Jason Mraz and Daryl Friedman meet to discuss the CASE Act
Photo: Recording Academy

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The CASE Act Empowers And Protects Songwriters, So Why Is It Being Blocked?

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Despite bipartisan support and rallying from all corners of the music world, Oregon Senator Ron Wyden opposes the bill
Nate Hertweck
Advocacy
Dec 13, 2019 - 3:20 pm

"Have you heard? Oregon Senator Ron Wyden, who also tried to block the MMA last year, has now put a hold on the CASE Act. Here's how you can help…" –Conversations In Advocacy #70

Sure, sometimes copyright law can be complicated. But some truths are simple: the current system makes it expensive and complex for creators to fight against infringement of their work in a federal court. The Copyright Alternative Small Claims Enforcement Act (CASE Act) seeks to fix this and empower all songwriters, artists, and creators by setting up a simpler and more streamlined small claims court. So what's holding it back?

Despite bipartisan support and championing from the music community, Sen. Ron Wyden (D-OR), who previously opposed the Music Modernization Act (MMA), has placed a hold on the CASE Act and is unwilling to compromise on this much needed copyright reform.

In a Bloomberg Law article, a Wyden spokesman stated that the Senator is holding up the bill due to the new claim board’s ability to award "virtually unappealable" infringement damages of up to $30,000 for posting memes on the internet."

In fact, copyright trolling of this kind, where the troll attempts to coerce a legitimate copyright holder or user into court by bringing frivolous claims against them, is specifically safeguarded against in the CASE Act beyond even current federal law. There are severe penalties for bad faith or frivolous claims, and the Copyright Claim Board has the authority to award attorney fees up to $5,000 to the respondent, ban the claimant from filing for a year and even dismiss all pending cases filed by the claimant. Simply put, the CASE Act creates an expensive nightmare for trolls.

And while the claim made by Sen. Wyden's spokesman is incorrect, it will not deter artists of all mediums from fighting for their rights.

For instance, in Sen. Wyden's home state of Oregon, there has been a grassroots surge of creators speaking up to help their Senator realize the importance of the CASE Act in protecting their work. It's not just songwriters who will benefit from the bill, but everyone from photographers to filmmakers to creative small business owners as well.

During October's District Advocate day, Recording Academy members met with Sen. Wyden’s office to explain the positive impact of the CASE Act. Additionally, Academy members, including former national trustee Tyler Stone and her bandmate Patrick Hinds, have met with Sen. Wyden’s district office to further explain their support of this bill in greater detail.

But the reality is the CASE Act is gaining steam. It recently passed by a landslide 410-6 vote in the House and as it moves to the Senate, support continues to grow. This past Tuesday, GRAMMY-winning singer/songwriter Jason Mraz met with several lawmakers, including the bill’s bipartisan lead sponsors, Sen. John Kennedy (R-LA) and Sen. Dick Durbin (D-IL), to discuss a path forward for the bill.

So what can you do to join the cause in support of equal copyright protection for all creators? Contact Sen. Wyden, who is blocking the CASE Act from a vote, to let him know you stand with the bill that will simplify and streamline the process for all creators to defend their work against infringement.

District Advocate Day 2019: Music Creators Raise Their Voices Across The U.S.

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Photo: Jesse Wild/Total Guitar Magazine/Future/Getty Images

News

Why The CASE Act Works For Everyone From Musicians To The General Public

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Lawmakers, music professionals and the creative community weigh in with the truth on how the bill could immediately benefit those who it designed to protect
Nate Hertweck
Advocacy
Nov 6, 2019 - 3:16 pm

Momentum for the Copyright Alternative Small Claims Enforcement Act (CASE Act) has been mounting for months, and the bill's most recent win was passing 410-6 in the House of Representatives. But a faction of anti-copyright advocates have continued to publicize misleading positions on how the CASE Act will affect copyright infringement protection even after it received broad, bipartisan support in the House of Representatives. As the bill moves to the Senate, their posturing could delay the bill as they work with Senators, like Ron Wyden (D-Ore.), to prevent a vote.

The truth is the CASE Act stands to simplify and streamline the process for creators to defend their work against infringement, not to stifle fair copyright use, deny free expression or enable copyright troll harassment, as critics of the bill have erroneously claimed.

In fact, copyright trolling, where the troll attempts to coerce a legitimate copyright holder or user into court by bringing frivolous claims against them, is specifically safeguarded against in the CASE Act beyond even current federal law. The bill provides respondents with the opportunity to opt out of any case and grants the Copyright Claim Board the authority to award attorney fees up to $5,000 to the respondent, ban the claimant from filing for a year and even dismiss all pending cases filed by the claimant if the claimant is found to be acting in bad faith.

But what’s not erroneous is the relief that the CASE Act will deliver to a legion of creators and small businesses. The CASE Act serves as a huge help for musicians in so many ways beyond its protection from trolling by making it cheaper and quicker to file copyright infringement claims to protect their work. Also, by capping damages at $30,000, the bill empowers musicians who cannot afford the expensive legal fees associated with Federal court action.

The music community has rallied behind the CASE Act, with Recording Academy Chief Industry, Government & Member Relations Officer Daryl Friedman calling the latest passage in the House, "Another victory for music creators almost exactly a year after the Music Modernization Act was signed into law.” Friedman also underscores the critical next steps for the bill.  

“We now look to the Senate and the White House to get this bill into law and ensure music makers have access to the copyright protection they deserve,” he told Complete Music Update.

And music creators are not the only type of creators who will benefit. Everyone from photographers to filmmakers to creative small business owners will be able to efficiently protect what they create – and for many of these members of the independent creative community, relatively low stakes copyright infringement can be high stakes to their survival.

"The biggest challenge is how expensive and complex it is to fight infringement in federal court," Lisa Dillon and Brian Welsh wrote in The Bend Bulletin’s guest column. The article, titled "Oregon creators deserve the CASE Act," directly addresses those constituents represented by Sen. Wyden.

"If an infringer is incompliant to your attempt to get reimbursed for your work, it’s virtually impossible for a solo-creator or small biz to have any real legal recourse," they continued, adding, "This bill is truly a no-brainer."

And it is. Because ultimately, the general public stands to benefit from the passage of the CASE Act. As our country and our world move ever-faster into the internet age, the bill benefits all because it allows for fair protection of creators' work by establishing more efficient process to enforce infringement, not because it changes any of the free speech rights or laws that are essential to our democracy. Rep. Hakeem Jeffries (D-NY-8), who is a sponsor of the bill, answers criticism that the act threatens free speech online.

"The internet has provided many benefits to society. It is a wonderful thing, but it cannot be allowed to function as if it is the Wild West with absolutely no rules," Rep. Jeffries told The Verge. "We have seen that there are bad actors throughout society and the world who take advantage of the internet as a platform in a variety of ways. We cannot allow it."

He added, "The Internet doesn't change the Constitution."

With the CASE Act primed for a vote in the Senate, now is the time to contact your Senators and urge them to support all creators by co-sponsoring the act. Creators, copyright users and end users alike will thank you.

District Advocate Day 2019: Music Creators Raise Their Voices Across The U.S.