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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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District Advocate Day 101: Everything Every Music Fan Should Know On Oct. 2

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With the largest grassroots music advocacy movement of the year just one week away, we breakdown the basics so anyone who enjoys music can learn how to support its creators
Nate Hertweck
Advocacy
Sep 25, 2019 - 5:28 pm

Meaningful change doesn't just happen, it requires action. Next week for District Advocate day on Oct. 2, 1,700 music creators across the U.S. will raise their voices to tell lawmakers loud and clear how policy issues affect the lives and livelihoods of music makers. Many more vocal supporters have already signed up to amplify that message and show their solidarity with the creatives behind the music they love. It is a critical mass such as this that creates change, just as past District Advocate days played a critical role in the passage of the Music Modernization Act (MMA) into law.

But what exactly is District Advocate day?

What Is District Advocate?

Music creators form a vibrant and central part of every district in America, but some lawmakers may not get the chance to speak with members of the music community and learn how certain laws and regulations affect the music industry. For District Advocate day, the Recording Academy schedules hundreds of meetings between its members and their representatives to discuss key issues.

And what are those key issues? Following the enactment of the Music Modernization Act, this year there is still important legislation on the table that will have direct influence on the lives of music creators.

Read All About Key Issues & Policy Affecting Performers, Songwriters & Studio Professionals

For instance, the Copyright Alternative Small Claims Enforcement Act (CASE Act) will establish a small claims court for copyright cases to better protect creators unable to afford costly federal litigation that prevents many independent songwriters and artists from protecting their work from infringement. 

Music creators will advocate for their local representatives to finally establish a public performance right for radio, letting them know that big radio is reaping billions in advertising revenues without permission from or compensation of the artist. While the issue has bipartisan support, now is the time to ramp up the urgency to encourage Congress to make it happen

Also, as the Department of Justice reviews the consent decrees that have governed how performing rights organizations ASCAP and BMI license rights to publicly perform music, District Advocate day participants will have a chance to urge Congress to allow the DOJ to conduct its review and to help ensure songwriters have the opportunity to earn fair market compensation for their work.

Discussing these topics in person will give lawmakers a first-hand accounts of the affect their decisions has on the music community in their own backyard. But no matter who you are or where you'll be on Oct. 2, you can get involved and show your support for the music creators behind the songs and recordings that soundtrack our lives.

It's not too late to learn more and sign up to speak up in support of music creators on District Advocate day, Oct. 2, 2019!

Jason Mraz Announced As Recording Academy District Advocate Day Ambassador

Assistant Atorney General Makan Delrahim

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ASCAP and BMI Consent Decrees Debate Discussed In Senate Judiciary Hearing

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As stakeholders' comments on consent decrees are reviewed by DOJ, Assistant Attorney General Makan Delrahim weighs in
Nate Hertweck
Advocacy
Sep 18, 2019 - 3:35 pm

At yesterday's Senate Judiciary Hearing, a number of antitrust issues were raised, but the Department Of Justice's ongoing review of the ASCAP and BMI consent decrees were center stage for music creators. The consent decrees, which govern the process by which the two performing rights organizations license rights to publicly perform music, have stayed the same for nearly 80 years while the industry around them has changed drastically. The DOJ’s review has led to significant interest from stakeholders affected by the consent decrees, who have weighed in with hundreds of comments. And Congress has noticed.

And, following the passage of Music Modernization Act last October, Congress might have more of a say in the future of the consent decrees.  The Music Modernization Act contained a reporting requirement instructing the DOJ to inform the Senate and House Judiciary Committees of any planned actions affecting the ASCAP and BMI consent decrees. 

During yesterday's hearing, Sen. Patrick Leahy (D-Vt.) asked Assistant Attorney General Makan Delrahim, one of the panel’s two witnesses, if the DOJ had complied with the Music Modernization Act ahead of their review of the music decrees. Delrahim reassured the committee that they've given reasonable advance notice to both the House and Senate committees before opening the matter to public comment, and pledged to keep lawmakers informed of any further action or decision.

Delrahim also explained the reasoning behind the agency’s review of the ASCAP and BMI consent decrees, the process his department is undertaking, and a rough timeline on when to expect next steps. The Assistant Attorney General, who served as keynote speaker during GRAMMYs on the Hill in April, did not give any indication on the outcome of the review.

Everyone from songwriters to publishers to non-music trade groups to small town venues have submitted comments for consideration. The Recording Academy spoke up on behalf of the thousands of songwriters represented by its membership, urging the DOJ to keep its focus on promoting competition through fair compensation.

"The consent decrees, which were initially put in place to promote competition, now constrain competition," the Academy's comments read. "ASCAP and BMI do not have the ability to experiment and innovate with new kinds of licenses that meet the needs of different customers. Accordingly, the outcome of any review of the consent decrees governing ASCAP and BMI should be less regulation, not more."

As the DOJ considers perspectives from all affected by consent decrees, the Recording Academy's comments also advise them to, "Pursue an outcome that provides every songwriter with the opportunity to secure compensation for their work in a fair marketplace,"

The hearing went on to cover other topics relevant to the music industry, including issues surround the ticketing marketplace, and with District Advocate day right around the corner on Oct. 2, music makers are becoming more involved in the outcome of their lawmakers' moves. For instance, with the CASE Act moving closer and closer to the president's desk and the long overdue need for Congress to pass radio performance rights looming, can the momentum of the Music Modernization Act continue to fill the sails of change to more outdated music policy? If yesterday's hearing is any indication, the answer is on the way soon.

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

Photo: Aurora Samperio/NurPhoto/Getty Images

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A Win For Creators: CASE Act Advances, Preps For Full Vote In Congress

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Lawmakers take the latest step towards building a better legal system for copyright
Nate Hertweck
Advocacy
Sep 13, 2019 - 3:30 pm

"Music creators are one step closer to having a simpler and more cost-effective way to defend their original works against infringement." –Daryl Friedman, Conversations In Advocacy #65

Good news from D.C. this week: The Copyright Alternative Small Claims Enforcement Act (CASE Act) was successfully marked up and passed in the House Judiciary Committee late Tuesday.

“With the House Judiciary Committee’s passage of the CASE Act, music creators are one step closer to having a simpler and more cost-effective way to defend their original works against infringement,” said Daryl Friedman, Chief Industry, Government & Member Relations Officer of the Recording Academy. “I urge both chambers to pass this legislation to eliminate the unfair advantage against creators that currently exists in copyright law and protect the viability of the music industry.”

The CASE Act is now ready for a full vote in both Congressional chambers, and there is hope the next vote could take place  in the next few weeks.

The bill will create the Copyright Claims Board at the U.S. Copyright office, creating a small claims court and capping claim damages to provide better and more efficient copyright infringement protection, empowering artists, songwriters and other creators who can't afford big budget legal fees associated with Federal court action.

The CASE Act boasts widespread and bipartisan support, with more than 100 Congressional co-sponsors and a robust list of creative organizations and unions behind it. Rep. Doug Collins (R-Ga.), Ranking Member of the Judiciary Committee, points out the bill, "Will create a more streamlined and significantly less costly means for photographers, songwriters and graphic designers to fight property theft and protect their livelihoods.

Rep. Hakeem Jeffries (D-NY), chairman of the House Democratic Caucus and lead author of the bill, added, "The establishment of the Copyright Claims Board is critical for the creative middle class who deserve to benefit from the fruits of their labor."

Also, as creators across the U.S. prepare for the Recording Academy's District Advocate day on Oct. 2, it is reassuring for music makers to see that lawmakers are working to ensure the viability of their profession. Recording Academy members will be meeting with local lawmakers on District Advocate day to discuss key issues affecting the music community.

As the CASE Act gains steam toward becoming law, now is prime time to contact your Members of Congress and urging them to support all creators by co-sponsoring the act to push it one step closer to the president’s desk.

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

Lalah Hathaway

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

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The 2019-2020 group of artist's rights champions will serve as the voice of all music creators on policy matters as the Academy prepares for District Advocate day on Oct. 2
Nate Hertweck
Advocacy
Sep 11, 2019 - 4:09 pm

The Recording Academy announced this year's National Advocacy Committee led by hit songwriter Sue Ennis and five-time GRAMMY winner Lalah Hathaway as committee co-chairs. The Committee comes from across the industry to serve as the voice for all music creators on policy matters, working closely with the Academy's Advocacy team to advance the rights of artists, songwriters and studio professionals in Washington, D.C. and continue to build on the momentum of the Music Modernization Act as the landmark legislation approaches its one-year anniversary.

The Committee's first order of business is the largest grassroots music advocacy day for music, District Advocate day on Oct. 2, where members across the country will meet with their local lawmakers to discuss key issues affecting music creators in the 116th Congress. Clearly, this is the time for this superb group to take action.

"We are at an inflection point in the music industry," said Deborah Dugan, President/CEO of the Recording Academy. "The MMA was a giant step forward, and now we need to seal the deal in protecting intellectual property and defending creators against exploitative radio practices. I can't think of a more qualified committee to take on these challenges than this one."

So who are these behind-the-scenes heroes who will champion artists' rights on Capitol Hill?

Songwriter and committee co-chair Sue Ennis lends her extensive experience in both the industry and as an Academy leader back to the front line in fight for creators' rights. An accomplished songwriter with more than 35 million records sold, Ennis is best known for co-writing more than 70 songs with Ann and Nancy Wilson of the Seattle rock band, Heart. A natural leader for this year's efforts on Capitol Hill, Ennis also served on the National Advocacy Committee two years ago.

With five GRAMMY wins and 10 nominations, Lalah Hathaway will also serve as co-chair of the Advocacy Committee. Hathaway earned her first career GRAMMY for 2013 for Best R&B Performance for "Something" with Snarky Puppy. The following three years she earned Best Traditional R&B Performance GRAMMYs for "Jesus Children," "Little Ghetto Boy" and "Angel," respectively. Most recently, she racked up three nominations for 2018 including Best R&B Album for her 2017 LP honestly.

The committee consists of GRAMMY-winning composer, producer, and singer Claudia Brant, who earlier this year took home the award for Best Latin Pop Album at the 61st GRAMMY Awards; Multi GRAMMY-nominated singer Terry Jones; Multi GRAMMY-nominated songwriter and producer Rico Love; GRAMMY-winning engineer Emily Lazar, who became the first woman mastering engineer to the first women to win Best Engineered Album, Non-Classical earlier this year; and, GRAMMY-nominated producer and songwriter, as well as Chair of the Board of Trustees of the Academy, Harvey Mason Jr., who served as co-chair last term.

As President/CEO of the Recording Academy, Dugan will serve as ex-officio member with Chief Industry, Government & Member Relations Officer, Advocacy & Membership Daryl Friedman.

Non-members: sign up to amplify your voice for District Advocate 2019

Sharing seven GRAMMY Awards and 25 nominations among them, the Committee serves as a key conduit to the creative membership of the Recording Academy. Together, they bring a full range of expertise and insight into the process of music creation to the steps of Capitol Hill to tell their stories and advocate for their rights and the rights of all music creators. Add your voice to the chorus by contacting your Members of Congress to let them know where you stand, and get involved with District Advocate day on Oct. 2.

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