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

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Here's your full preview of what's coming this year in Advocacy
Advocacy
Jan 8, 2020 - 3:36 pm

A new decade is upon us, and 2020 brings a bright future for music policy impacting music creators and their ability to make a living. Already, on Jan. 3, the second session of the 116th Congress officially kicked off, and there are many upcoming chances for advancement for the music community.

In honor of the New Year, here are seven key music legislative items—on Capitol Hill and beyond—to keep track of in the months to come:

1. CASE Act Passing

Bipartisan support for the Copyright Alternative Small Claims Enforcement Act (CASE Act) continues to surge toward establishing a better system for equal copyright protection for all creators. Yet Sen. Wyden (D-Ore.) is still the only one blocking the passage of the CASE Act. But Sen. Wyden’s hold on the CASE Act has not deterred artists from fighting to protect their rights.

Along with a group of photographers, authors, illustrators, and other creators, Academy members in Oregon have been relentless in their grassroots efforts to persuade Sen. Wyden—most recently attending a constituent town hall hosted by Sen. Wyden in Portland this past weekend. [ML1] Academy members nationwide have also been advocating Sen. Wyden to release his hold through participating in online campaigns (#MySkillsPayBills and #JustONE hashtags on Twitter).

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.

2. AM-FM Act Introduced

At long last, artists and musicians may be on their way to having a say—and getting paid—when their recordings are played on terrestrial (AM/FM) radio. Introduced in November by Sen. Marsha Blackburn (R-Tenn.) and Rep. Jerry Nadler (D-N.Y.), the bipartisan and bicameral Ask Musicians for Music (AM-FM) Act would establish an AM/FM performance right for American artists and studio professionals when their music is played on terrestrial radio and require radio broadcasters to get the permission of the music makers before using their music. The bill would also protect small and medium sized radio broadcasters to ensure that they can continue to provide a service to their local communities.

3. New Register of Copyrights

Marking a big change already in Washington this year, Karyn Temple left her post as the Register of Copyrights on Jan 3. Once appointed, the next Register of Copyrights will be tasked with continuing the MMA’s implementation, modernizing the copyright office, and implementing any new legislation that is passed in this session, including the above-mentioned CASE Act and the AM-FM Act.

4. Senate DMCA Hearings 

The Senate Judiciary IP Subcommittee plans to hold a series of hearing on the Digital Millennium Copyright Act in 2020, including several looking at Section 512 and whether the current notice and takedown system and safe harbor protections are working as intended when the law was first drafted more than 20 years ago. The Copyright Office is also expected to publish its much-anticipated Section 512 study in the first half of 2020.

With the DMCA regulating much of the modern copyright framework, the Recording Academy will be active and diligent in collaborating with the Judiciary Committee and the Copyright Office as they measure the effectiveness of the law and its impact on the copyright community.

5. California Assembly Bill 5

What works for one industry may harm another. To that end, California Assembly Bill 5 (AB5), which went into effect on Jan. 1, is designed to protect workers in the "gig economy" such as Uber drivers, but, as passed, would also impact music creators who could be mischaracterized as employees and/or employers of studios, labels, venues, songwriters, and more.

On Dec.18, the Recording Academy and the Music Artists Coalition sent a joint letter to their respective members in California to update them on the latest regarding AB5. The letter highlighted the music community’s ongoing negotiations to secure an exemption from AB5, while also prepping the membership for potential grassroots activations if the entire community cannot reach a consensus.

6. Concert Ticketing

In an increasingly dangerous marketplace for music fans and the artists fans want to see, protection against scalpers and scammers is crucial. Members of the House Energy and Commerce Committee have formally opened an investigation into the live event ticket marketplace. Lead by Rep. Bill Pascrell (D-N.J.)—along with Committee Chairman Frank Pallone (D-N.J.) and Ranking Member Greg Walden (R-Ore.).—the committee sent letters of inquiry to Live Nation, StubHub, and other companies in the ticket marketplace regarding business practices, consumer concerns and issues such as service fees, transparency and speculative tickets.

The letter referenced the 2016 BOTS Act, which the Recording Academy helped become law, as well as past government reviews of the ticket marketplace that the Academy participated in.  The Academy will be sure to stay actively involved in any further committee action to ensure that the voice of the artists is well represented.

7. Consent Decrees

The Department of Justice’s Antitrust Division has been busy reviewing the ASCAP and BMI consent decrees in order to decide if the decree should be amended or allowed to sunset. Many groups, including the Recording Academy, have expressed their opinions about this review and the future of this decree. The DOJ is likely to conclude its review in the coming months.

National Endowment For The Arts To Receive Big Funding Increase In 2020

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Sen. Ron Wyden (D–Ore.)

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

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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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Photo: Anton Novoderezhkin\TASS via Getty Images

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Recording Academy Testifies To Protect NEA Funding

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The music professional membership organization outlines the many benefits even a modest increase in funding would yield
Nate Hertweck
Advocacy
Mar 6, 2020 - 1:39 pm

"Through supporting music and the arts, the NEA empowers local communities, improves student development, and advances cultural achievements." –Daryl P. Friedman, Recording Academy Chief Industry, Government & Member Relations Officer, Conversations In Advocacy #75

Each year, music and arts funding via the National Endowment for the Arts (NEA) is set as part of the nation's budgeting process. Once again this year, the White House released a budget proposing to zero out funding for the NEA and close the agency. Fortunately, there remains bipartisan support in Congress to disregard the Administration’s budget and keep the NEA open.

The Recording Academy is doing its part, with Chief Industry, Government, and Member Relations Officer Daryl Friedman submitting testimony to the House of Representatives Appropriations Committee’s Subcommittee on Interior, Environment, and Related Agencies on March 5 requesting an increase in funding for the NEA for FY21.

"The Recording Academy is proud to support the NEA and the important work it has done to enrich American culture. It remains an integral part of the cultural bedrock of the United States, working to bring music and the arts to towns and communities across the country," Friedman said in his testimony. "As such, the Recording Academy urges the subcommittee to fund the NEA at $170 million for Fiscal Year 2021 so that it can fulfill its mission in the coming year."

The Academy has long supported and fought for an increase in funding for the NEA.  In the recently passed budget for FY20, the NEA saw a $7.25 million increase in appropriated funds, which pushed total funding past $162 million. While this funding increase, which was the largest in the past decade, will allow the NEA to fund more diverse opportunities for arts participation in 2020, the Academy is requesting additional funds to be allocated to this program in order to expand its current grant-making ability and help deliver an increase in arts participation across all 50 states.

"Considering that NEA grants yield more than $500 million in matching support—leveraging outside funds at a ratio of 9:1—it is financially one of the smartest investments the government can commit to," said Friedman.

The value of music and arts funding becomes ever-more clear, even as the threats of losing it continue to return each year. Fortunately, everyone can do something to help. Contact your Members of Congress today to let them know you stand with the Recording Academy's position to increase NEA funding. As they say, someday your kids will thank you.

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