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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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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.

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Peter Asher

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Advocacy Spotlight: Peter Asher's Fab Advocate Track Record & New Beatles Book

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A look inside the Los Angeles Chapter Governor and super producer's staggering history in music and contributions to creators' rights
Nate Hertweck
Advocacy
Oct 30, 2019 - 2:33 pm

Few careers in music have spanned as much time, distance and greatness as Peter Asher's. More than 55 years after his musical journey began, Asher stands today as one of music's strongest advocates, fighting for the rights of creators to receive proper protection and fair compensation for their work.

Dating back to the mid-'60s, Asher broke onto the music scene with his British pop duo Peter and Gordon, striking gold in 1964 with their first single, the Paul McCartney-written "A World Without Love." Asher's Beatles connections would deepen in the years that followed, and he ran A&R for the band's Apple Records label, singing a young James Taylor and producing several albums that would send his career into the stratosphere. A two-time winner of the Producer Of The Year GRAMMY Award, he went on to work with Linda Ronstadt, Bonnie Raitt, Carol King, Cher, Hans Zimmer and many more.

Asher's music industry perspective is as unique as his experience. In an ever-changing landscape of the music industry, he has been instrumental in fighting for artists left out in the cold due to "pre-1972" loophole in the music licensing system. Many legacy acts can now receive compensation for their work when it's played on digital services under the game-changing Music Modernization Act, which was ardently supported by Asher.

More recently, he has also advocated for The Copyright Alternative Small Claims Enforcement (CASE) Act (S. 1273), which recently passed the House of Representatives by a vote of 410-6. The bill empowers songwriters of all levels by establishing a small claims court for copyright infringement cases, removing the cost prohibitive barriers for songwriters who couldn't afford costly federal court action to protect their work.

Earlier this month, Asher hosted a conversation with Congressman Jimmy Gomez (CA-34) during District Advocate day at the GRAMMY Museum, discussing key issues to music creators. No stranger to supporting the Recording Academy's Advocacy initiatives, he has also participated and performed at other District Advocate events as well even hosted GRAMMYs on the Hill in 2018. Earlier this year GRAMMY Week, Asher used the opportunity of the spotlight being on Music's Biggest Night to speak with lawmakers about how the policy they pass affects the music community.

Peter Asher Shares How He Got Behind The Board

Asher currently serves as the Recording Academy Los Angeles Chapter Governor and Advocacy Representative, where he continues to speak up on behalf of music makers of all kinds.

Asher's latest production is a new kind of Beatles book, The Beatles From A to Zed: An Alphabetical Mystery Tour, wherein he takes an alphabetical approach to recalling songs, instruments and other assorted terms and memories letter by letter. The idea for a book grew out of Asher telling these stories on his weekly Sirius XM radio show, Peter Asher: From Me To You. With so many fascinating memories to share, a book seemed inevitable. But the format had to be fresh.

"It seems like everyone Beatles-related has written a book… I was (talking) more about music and songs, along with some stories," Asher told Billboard. His account of all things Fab Four offers a completely different experience from a conventional autobiography, and in many ways reflects Asher's bottomless knowledge and boundless creativity.

The Beatles From A to Zed: An Alphabetical Mystery Tour was released Oct. 29 and is available here. To add your voice to Asher's in support of the CASE Act, contact your Senators and urge them to support all creators by co-sponsoring the act.

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

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Behind The Record + Advocacy: Moving Music Creators To The Front

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Learn how the latest Recording Academy initiative to #GiveCredit is supported by the year-round work of its Advocacy efforts to champion music creators' rights
Nate Hertweck
Advocacy
Oct 25, 2019 - 2:14 pm

"Just as album credits are essential for inspiring and educating listeners with information about their favorite recordings, they are also a critical first step in ensuring those credited are paid proper royalties." –Conversations In Advocacy #67

The tide is shifting in the music industry, and album credits are officially back. Today the Recording Academy launches Behind The Record, a global social media initiative to bring the names of producers, engineers, songwriters, composers and other collaborators who worked on the record to the front.

For many music professionals, album credits played a key role in their inspiration to work in the music field. Most music makers flipped over a vinyl record cover or thumbed through a CD booklet to find out exactly who made the sounds that moved them. But with the advent of streaming, this critical information was lost in favor of convenience of on-demand anywhere listening.

Behind The Record Celebrates All Music Creators

Behind The Record leads the surge to put this information back in the hands of the fans. Supporters of the initiative further prove the resurrection of album credits is here to stay and include on line database Jaxta, and streaming service Tidal, and internet radio service Pandora, who has also added song credits to their platforms.

This exciting new movement underscores the tireless, year-round work the Recording Academy Advocacy team to fight for music creators' rights on Capitol Hill. Just as album credits are essential to inspiring and educating listeners with information about their favorite recordings, they are also critical in ensuring those credited are paid proper royalties.

But album credits are only the first step in the process. Next, our laws must reflect what’s needed in digital world and that all creators on a track are able to get fair compensation. Through our Advocacy work in concert with the Recording Academy Producers & Engineers Wing

Specifically, the Allocation For Music Producers (AMP) Act, introduced last year to codify into law the way producers and engineers are paid for their work, "mark[ed] the first time U.S. legislation would protect the rights of the studio professionals who help create the essence of the recordings we love," according to Daryl Friedman, Chief Industry, Government, & Member Relations Officer for the Recording Academy. With bipartisan support in Washington and support from studio professionals across the industry, the AMP Act was included in the historic Music Modernization Act (MMA), which has benefitted songwriters, artists and studio professionals immensely since being passed one year ago.

The MMA also requires a comprehensive database to be built and managed by the Mechanical Licensing Collective that will be inclusive of the many creatives who contribute to a song. The fight for the landmark legislation and its ultimate passing into law also helps boost fair compensation for the behind-the-scenes songwriters and backing musicians and vocalists, proving that Advocacy works.

So as we celebrate the return of album credits with the launch of Behind The Record, we are reminded of the important role lawmakers play in building a better future for music. Earlier this month, nearly 2,000 members of the Recording Academy met with their local members of Congress during District Advocate day to do just that.

It can be a long road from the moment inspiration strikes a music maker to the moment royalties land in their band account. Shouldn't every creator be entitled to credit for their work? Shouldn't our laws protect and support them to ensure they are fairly compensated for their work? Today, as we celebrate Behind The Record and the work of the Recording Academy's Advocacy efforts, we answer proudly: absolutely.

For more information on Behind The Record, please contact givecredit@recordingacademy.com or visit www.grammy.com/behindtherecord.

How The Music Modernization Act Has Already Benefited Legacy Artists

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CASE Act Passed In The House, Moves To Senate As Congress Continues To Stand With Creators

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Three weeks after District Advocate day, legislation that will simplify and streamline copyright enforcement for independent creators moves one step closer to becoming law
Nate Hertweck
Advocacy
Oct 22, 2019 - 4:12 pm

Songwriters, artists and other creators of all levels of financial success scored a big win today in Washington. The Copyright Alternative Small Claims Enforcement Act (CASE Act) has passed in the House of Representatives by the vote of 410-6. The bill lays out a simpler and more cost-effective way for creators to defend their original works against infringement, ensuring basic copyright protection is no longer only afforded to those who can afford costly legal fees associated with Federal court action.

Since its inception, the bill has garnered bipartisan support in Congress as well as a strong backing from the Recording Academy. This month, Academy members across the country participated in District Advocate day and urged lawmakers to vote for this legislation that would eliminate the current unfair advantage against creators.

"The Recording Academy applauds the House for passing the CASE Act today, another victory for music creators almost exactly a year after the Music Modernization Act was signed into law,” said Daryl Friedman, Chief Industry, Government, & Member Relations Officer for the Recording Academy. “We also thank the nearly 2,000 Recording Academy members who lobbied their legislators this month for the CASE Act. 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". 

Another voice of support raised up over the weekend in an op-ed in the San Francisco Chronicle by GRAMMY-winning singer/songwriter Fantastic Negrito. The Oakland-based blues artist outlined the current problem quite clearly in his piece entitled "Protecting art from infringement."

"Right now, the only way for any creators to fight for their rights is to take the case to federal court. But who has the money for that?" wrote Fantastic Negrito. "The average federal copyright case costs nearly $400,000 to litigate — not to mention the months it takes to pursue these cases, which take us off the road and out of the studio." 

To address this dire need to change the system, the CASE Act will create the Copyright Claims Board at the U.S. Copyright office, establishing a small claims court and capping claim damages to provide better and more efficient copyright infringement protection. Simplifying this process and making copyright enforcement affordable to all creators will, in the end, serve everyone.

"It’s my hope that when the full Congress considers the bill, our elected officials will vote to support the tens of thousands of creators and small businesses who will stand to benefit from a stronger, more reliable copyright system," added Fantastic Negrito.

The CASE Act now moves to the Senate, one big step closer to being signed into law on the president's desk. For anyone who loves music and appreciates the creativity and hard work that goes into creating it, now is the time to contact your Senators and urge them to support all creators by co-sponsoring the act. After all, copyright infringement protection should not be reserved for superstar songwriters.

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