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

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

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

Advocacy/Nov 7, 2019 - 04:16 am

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.

<blockquote class="twitter-tweet"><p lang="en" dir="ltr">In a <a href="https://twitter.com/sfchronicle?ref_src=twsrc%5Etfw">@sfchronicle</a> op-ed, GRAMMY winner Fantastic Negrito (<a href="https://twitter.com/MusicNegrito?ref_src=twsrc%5Etfw">@MusicNegrito</a>), details why the <a href="https://twitter.com/hashtag/CASEAct?src=hash&amp;ref_src=twsrc%5Etfw">#CASEAct</a> is important for ALL music creators. <a href="https://t.co/89Av4zJmNp">https://t.co/89Av4zJmNp</a></p>&mdash; GRAMMY Advocacy (@GRAMMYAdvocacy) <a href="https://twitter.com/GRAMMYAdvocacy/status/1186337530049912832?ref_src=twsrc%5Etfw">October 21, 2019</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

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."

<blockquote class="twitter-tweet" data-conversation="none"><p lang="en" dir="ltr">The <a href="https://twitter.com/hashtag/CASEAct?src=hash&amp;ref_src=twsrc%5Etfw">#CASEAct</a> would provide creators a streamlined, inexpensive path to fairly resolve small copyright infringement claims outside of court. <a href="https://t.co/Qou7AebSxY">pic.twitter.com/Qou7AebSxY</a></p>&mdash; GRAMMY Advocacy (@GRAMMYAdvocacy) <a href="https://twitter.com/GRAMMYAdvocacy/status/1171854377407004672?ref_src=twsrc%5Etfw">September 11, 2019</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

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.

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Advocacy In Annapolis: How The Recording Academy Fought For Freedom Of Expression In The Great State Of Maryland
Lisa Kimmey Winans, Montana Miller, Sharon Ingram, Delegate Marlon Amprey, Andre Hopson, Shelby Blondell, and Tracey Lee

Photo: Montana Miller

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Advocacy In Annapolis: How The Recording Academy Fought For Freedom Of Expression In The Great State Of Maryland

Recording Academy members from across Maryland gathered in Annapolis for an dynamic advocacy day in the service of HB. 1429/SB. 662, Protecting the Admissibility of Creative Expression (PACE) Act.

Advocacy/Mar 11, 2024 - 05:52 pm

Last week, Recording Academy members from across Maryland gathered in Annapolis for an exciting advocacy day to champion HB. 1429/SB. 662, Protecting the Admissibility of Creative Expression (PACE) Act. Introduced by Delegate Marlon Amprey and Senator Nick Charles, the PACE Act aims to safeguard artistic expression and uphold the First Amendment rights of Maryland's dynamic music community.

Maryland's music industry stands as a pillar for the state's economic and cultural identity with over 22,000 jobs created and a substantial $1.4 billion contribution to the state's GDP. However, despite its economic significance, challenges persist for artists whose creative works are misinterpreted or misused in criminal trials around the country and in Maryland courtrooms. 

To kick off the day, Delegate Amprey, Senator Charles, the Recording Academy, and Kevin Liles of 300 Elektra Entertainment hosted a press conference to emphasize the significance of the PACE Act in protecting the rights of Maryland artists. The press conference served as a rallying point for advocates, highlighting the critical need to pass this legislation.

"We want to make sure and safeguard creative expression here in the state of Maryland," stated Amprey. "Unfortunately, across the nation, we have seen an uptick of creative expression in lyrics being used against artists wrongfully in court as a form of evidence."

Lisa Winans, GRAMMY nominated Gospel artist and a member of the Recording Academy echoed the Delegate’s expression as she spoke on behalf of the Academy.

“As a gospel artist, I understand the importance of having the freedom to create music that is an authentic expression of my beliefs without fear of repercussions” voiced Winans. “Artists in any genre should be able to express their creativity through music without fear of reprisal from the justice system simply because of the content of their art or because of biases against their chosen art form.”

Following the press conference, Recording Academy advocates engaged in over a dozen meetings with Maryland state legislators and their staff to garner support for the PACE Act. During these meetings, advocates expressed the importance of passing HB. 1429/SB. 662 to protect music and other forms of creative expression.

The misuse of artistic expression has been a prevalent issue not only in Maryland but across the United States. Instances where prosecutors weaponize lyrics against artists during legal proceedings undermine their artistic integrity and perpetuate biases within the justice system. The PACE Act limits the use of an artist's creative work in trials, ensuring freedom of expression without fear of legal repercussions.   

One of the key aspects of the PACE Act is its emphasis on shifting the burden of proof to prosecutors, ensuring that the relevance and admissibility of creative works in legal proceedings are thoroughly evaluated. By doing so, the legislation aims to prevent the unjust weaponization of artistic expression, particularly within marginalized communities who are disproportionately targeted by such practices.

The significance of passing the PACE Act extends beyond Maryland's borders. With only two other states, California and Louisiana, having passed similar legislation, Maryland has the opportunity to lead the nation in championing artistic and creative expression.

By enacting HB. 1429/SB. 662 into law, Maryland would set a precedent for other states to follow, ensuring that artists across the country can express themselves freely without fear of unjust repercussions.

The Recording Academy strongly supports the PACE Act as a solution to these challenges and applaud Delegate Amprey and Senator Charles for taking a stance for creatives in Maryland.

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Here’s What Went Down At The 5th Annual GRAMMY Advocacy Brunch Ahead Of The 2024 GRAMMYs
GRAMMY Advocacy Brunch

Photo: Maury Phillips

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Here’s What Went Down At The 5th Annual GRAMMY Advocacy Brunch Ahead Of The 2024 GRAMMYs

The significance of the GRAMMY Advocacy Brunch transcends a one-time gathering; it embodies a commitment to addressing crucial matters such as copyright protection, fair compensation, and freedom of expression throughout the year.

Advocacy/Feb 15, 2024 - 11:00 pm

Despite the rainy Los Angeles weather, the 5th annual GRAMMY Advocacy Brunch dazzled at the Sun Rose during this year's GRAMMY Week. Hosted by the Recording Academy’s Advocacy Department and GRAMMY-winning duo, Brothers Osborne, the Brunch serves as a fundraiser for the GRAMMY Fund for Music Creators, ensuring that the Recording Academy continues to champion the most pressing issues facing music creators on Capitol Hill and beyond.

The significance of the GRAMMY Advocacy Brunch transcends a one-time gathering; it embodies a commitment to addressing crucial matters such as copyright protection, fair compensation, and freedom of expression throughout the year. This annual fundraiser showcases the Recording Academy's unwavering dedication to effecting lasting change on the policies that impact music and music makers.

This year, T.J. and John Osborne of Brothers Osborne co-hosted the event and joined Recording Academy’s Chief Advocacy and Public Policy Officer, Todd Dupler, in a conversation about their advocacy efforts and anticipation for the 66th GRAMMY Awards taking place the following day.  The country duo has garnered significant acclaim in the music industry, including a total of twelve GRAMMY nominations. They won their first GRAMMY for Best Country Duo/Group Performance for their single "Younger Me" at the 64th Annual GRAMMY Awards in 2022. At the 66th GRAMMY Awards, Brothers Osborne received two nominations for Best Country Album and Best Country Duo/Group Performance.

Brothers Osborne’s presence at the GRAMMY Advocacy Brunch highlights their commitment to using their platform to advocate for meaningful change for musicians and artists alike. Their participation served as a testament to the power of artists to effect positive change and accentuated the importance of advocacy within the music community.

Other notable guests included Taylor Hanson, President of the Recording Academy’s Texas Chapter and member of the three-time GRAMMY nominated  band HANSON. Adding to the prestigious lineup was GRAMMY winner Tony Succar, a Florida Chapter Governor and multifaceted musician and producer excelling in salsa, jazz, and pop genres. Succar is also a two-time Latin GRAMMY winner and a five-time Latin GRAMMY nominee, and was nominated at the 66th GRAMMY Awards for Best Tropical Latin Album.

During his conversation with Brothers Osborne, Dupler highlighted pivotal legislation like the Save Our Stages Act — a landmark federal investment in the arts that totaled approximately sixteen billion dollars and which the Brothers were major advocates for.

As part of their advocacy efforts and in response to the challenges posed by COVID-19 and shutdowns, Brothers Osborne participated in a virtual concert to lend their support to this legislation and to live music venues affected by the pandemic. Dupler also asked the Brothers Osborne about their recent experiences talking about the importance of mental health, and their nominated song, “Nobody’s Nobody,” which speaks to themes of inclusivity and belonging.

The program also included Michael Lewan, Managing Director of Advocacy & Public Policy, discussing the Advocacy team's extensive efforts over the past year, spanning diverse areas such as AI, ticketing, and federal and state issues. "As a result of these partnerships, the Recording Academy and our members serve as trusted authorities, offering crucial perspectives on policy discussions that impact the arts and the arts community," Lewan declared, highlighting significant advocacy collaborations from 2023. These included commemorating the 50th anniversary of hip-hop at Vice President Harris' residence in Washington, D.C., and partnering with the U.S. Department of State to launch the Global Music Diplomacy Initiative. 

Transitioning to State Advocacy, Lewan emphasized the progress made across thirteen states nationwide in advancing positive pro-music legislation and stopping harmful legislation for the music community. The efforts encompassed ten chapter activations, ranging from board letters to virtual grassroots actions and in-person meetings. Additionally, in 2023, five bills advanced across the nation, notably the passage of the RAP Act into law in Louisiana. Lewan concluded his remarks highlighting that 2,500 Academy members actively engaged in advocacy work throughout 2023.

The GRAMMY Advocacy Brunch not only brings together music makers, advocates and creatives but also serves as a catalyst for raising funds to support the Recording Academy's critical advocacy efforts year-round. Through engaging discussions, networking opportunities, and a shared commitment to advancing the interests of music creators, the brunch exemplifies the collaborative spirit at the heart of the Recording Academy's advocacy endeavors.

How The Recording Academy Tackled The Evolving Landscape Of Music & AI During GRAMMY Week 2024

How The Recording Academy Tackled The Evolving Landscape Of Music & AI During GRAMMY Week 2024
Harvey Mason jr. speaks at the House Judiciary Committee's Subcommittee of Intellectual Property's Field Hearing on Feb. 2, 2024.

Photo: Monica Schipper/Getty Images for The Recording Academy

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How The Recording Academy Tackled The Evolving Landscape Of Music & AI During GRAMMY Week 2024

During a House Judiciary Committee hearing on artificial intelligence, Recording Academy CEO Harvey Mason jr. addressed the potential benefits and challenges of rapidly developing AI technologies and their impact on the music industry.

Advocacy/Feb 9, 2024 - 10:33 pm

Last week, Recording Academy CEO Harvey Mason jr. served as one of four witnesses at the House Judiciary Committee's Subcommittee of Intellectual Property's Field Hearing on "Artificial Intelligence and Intellectual Property: Part II – Identity in the Age of AI." During his time in front of the subcommittee, held at the Los Angeles Convention Center on Friday, Feb. 2, during GRAMMY Week 2024, Mason jr. illuminated on the dual nature of artificial intelligence (AI), highlighting its potential for innovation alongside the accompanying challenges and uncertainties.  

"The Recording Academy is in the business of celebrating human excellence and human creativity," Mason jr. shared in his opening testimony. "That was the biggest concern when we crafted our GRAMMY Award policies. We understand that AI is a part of our industry and here to stay, but our awards guidelines stay true to our mission to honor the people behind the music we love so much. Only human creators are eligible to be submitted for consideration for, nominated for, or win a GRAMMY Award."  

Additionally, joining Mason jr. were University of Pennsylvania Law Professor Jennifer Rothman, SIIA President Christopher Mohr, and singer/songwriter Lainey Wilson, the latter of whom just won the GRAMMY for Best Country Album at the 2024 GRAMMYs, officially known as the 66th GRAMMY Awards.   

"I use my music and my voice to tell stories, to connect to my fans, and to help them connect with each other," Wilson proclaimed. "There aren't many things we can control in life, but making decisions about the use of our own selves, our own unique qualities — that should be one."  

In their testimony, Mason jr. and Wilson both spotlighted the No AI FRAUD Act, which is supported by many committee members.   

"The bill establishes in federal law that an individual has a personal property right in the use of their image and voice. That's just common sense, and it is long overdue. The bill also empowers individuals to enforce this right against those who facilitate, create, and spread AI frauds without their permission," Mason jr. highlighted.   

Reps. Maria Salazar (R-FL), Madeline Dean (D-PA), Nathaniel Moran (R-TX), Rob Wittman (R-VA), and Joe Morelle (D-NY) introduced the No AI FRAUD Act (H.R. 6943) last month. In support of the bill, the Academy worked closely with the global Human Artistry CampAIgn to garner signatures from more than 280 artists, actors and performers, including 21 Savage, Cardi B, Mary J. Blige, Vince Gill, and Smokey Robinson. 

Wilson, who also signed on to the campaign, echoed Mason jr.'s support. "AI increasingly affects every single one of us," she said. "We need artists to keep telling stories and connecting with fans and bringing people together authentically. We need to keep humanity in art — we cannot lose that. The No AI FRAUD Act is a great place to start."  

Mason jr.'s remarks underscored the importance of respecting an artist's agency when it comes to the evolving landscape of AI. He understands that AI is "here to stay" and that because of this, artists must navigate the intersection of technology and artistic expression. The Recording Academy wants to help artists through this navigation.  

"For us, it really comes down to choice," Mason jr. expressed during questioning. "If an artist would like to participate in creating music through AI or allow others to utilize their voice, we believe there should be a choice, and some will want to do that. And as Lainey said, some would rather not. As long as they're credited properly and they have certain approval rights, and there's a way for them to be paid fairly, we see that as a possibility." 

Mason jr. also spoke on his vision for the future of generative AI in music. 

"My hopes are that we can use it as a tool to amplify human creativity. My hopes around AI is that we can find some guidelines around it for creators that are always early adopters of technology to use it to benefit them and to bring more great creativity, more works of art to the fans and to the world."  

Taking a stand against AI fraud within the music industry is not an easy battle, but the Recording Academy is at the forefront of this fight and will continue work to preserve and honor human creativity in the face of advancing AI technologies. To join the Academy in this important fight, send a message to your lawmakers in support of the No AI FRAUD Act via the Academy's action center. Your support can make a difference in preserving the integrity of music and empowering artists in the digital age. 

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Looking Back On 2023: A Rundown Of The Recording Academy’s Advocacy Accomplishments
Harvey Mason jr. outside the U.S. Capitol

Photo courtesy of the Recording Academy®. Photo by Paul Morigi by Getty Images ® 2023.

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Looking Back On 2023: A Rundown Of The Recording Academy’s Advocacy Accomplishments

The Recording Academy looks back on the many advocacy accomplishments achieved in 2023 — which wouldn’t have been possible without our membership.

Advocacy/Jan 4, 2024 - 10:33 pm

As 2024 gets underway, the Recording Academy is taking a moment to look back on the many advocacy accomplishments achieved in 2023. These accomplishments would not have been possible without the dedication and help of our Recording Academy members.

Thanks to them, the past year was filled with meaningful change that will impact the music community for years to come.

Groundbreaking Partnership Launched WIth The State Department  

Last year, the Recording Academy partnered with the U.S. Department of State to launch the Global Music Diplomacy Initiative.

This new partnership will amplify the power of music to uplift people around the world and includes the American Music Mentorship Program, a program created to connect Academy members with international music professionals, as well as the Quincy Jones Peace Through Music Award.

Academy CEO Harvey Mason jr. joined Secretary Antony Blinken at a special event on September 27 to announce and celebrate the initiative.

Leading The Way To Protect Human Creativity

On March 16, the Recording Academy partnered with key stakeholders in the music community to launch the Human Artistry CampAIgn, a movement to protect human art and creativity as artificial intelligence (AI) continues to develop.

The Academy also worked closely with theUnited States Copyright Office and key lawmakers on Capitol Hill to ensure music creators are at the forefront of AI conversations across the country. On March 22, Academy CEO Harvey Mason jr. hosted the U.S. Register of Copyrights in Los Angeles to provide a firsthand look at the ways AI is impacting music.

Throughout the year, the Academy and the Advocacy Team participated in panels, forums, and events to help shape the debate on AI.

On May 31, the Academy's Michael Lewan participated in a panel discussion with the Copyright Office to provide insight on the use of AI as a tool to help creativity, the need for copyright protection, and the importance of protecting an artist's name, image, and likeness from being used in AI generated content.

New Victories Won In The Fight For Free Expression

On April 27, the Restoring Artistic Protection Act was reintroduced in the House of Representatives during GRAMMYs on the Hill Advocacy Day.

Academy CEO Harvey Mason jr. and other Academy leaders and members spent the day on Capitol Hill fighting for the rights of music creators before joining Members of Congress for a press conference announcing the bill's reintroduction.

The Academy also made new progress to protect free expression for artists in states across the country. On August 1, the Restoring Artistic Protection Act (HB 475) took effect in Louisiana, making it the second state in the nation to enact a law that protects a creator from having their artistic expression used against them in court. We made notable progress to advance similar legislation in Missouri and New York.

Foundation Laid For Comprehensive Ticketing Reform

On December 7, a bipartisan group of senators introduced the Fans First Act with the support and endorsement of the Recording Academy.

The Academy worked closely with Senate offices throughout the year to craft this legislation which reforms the ticketing marketplace to protect artists and their fans.

The House of Representatives also advanced ticketing legislation with the Academy's input, setting the stage for comprehensive reform to pass Congress in 2024.

Kamala Harris - 50 Years of Hip-Hop

*Vice President Kamala Harris. Photo: Tasos Katopodis/Getty Images for the Recording Academy*

Celebrating The 50th Anniversary Of Hip-Hop

On September 9, Vice President Kamala Harris and the Recording Academy's Black Music Collective hosted the ultimate celebration of hip-hop at the Vice President's Residence. The historic event, led by the Academy's DEI Team, honored the global impact and influence of the genre.

On September 13, the Academy joined Members of Congress at the Capitol for a press conference celebrating the 50th anniversary of hip-hop and highlighting a resolution to recognize hip-hop's contribution to American art and culture.

Similarly, Senate Majority Leader Chuck Schumer introduced and passed a resolution designating August 11 as "Hip-Hop Celebration Day," the month of August as "Hip-Hop Recognition Month," and the month of November as "Hip-Hop History Month."

New York Chapter

*The Recording Academy's New York Chapter with Rep. Jerry Nadler. Photo: Rob Kim/Getty Images for the Recording Academy*

First GRAMMY Advocacy Conference Extends The Reach Of District Advocate Day

Despite having to adapt to unprecedented gridlock in Congress, the Recording Academy's annual District Advocate Day expanded its reach by producing the first ever GRAMMY Advocacy Conference.

Academy members still spent District Advocate Day meeting with nearly 100 Congressional offices, but they also had the opportunity to learn more about key issues impacting the music community through this special virtual conference.

State Advocacy Takes Off Across the Country

Throughout 2023, the Recording Academy expanded the scope of its advocacy reach by working on issues facing the music community in 13 different states including California, Colorado, Florida, Georgia, Louisiana, Maryland, Minnesota, Missouri, New York, Pennsylvania, Tennessee, Washington, and Oklahoma.

Some examples include the members of the Texas Chapter meeting with state government officials in Oklahoma to elevate the local music community. The Recording Academy also worked in Pennsylvania to advance a bill to ban fraudulent, speculative concert tickets, while defeating anti-artist ticketing bills in Florida, Georgia, and Washington.

Clyde Lawrence

*Photo: Tom Williams/CQ-Roll Call, Inc. via Getty Images*

Bringing Creators’ Voices To Key Policy Debates

On January 24, Academy member Clyde Lawrence of the band Lawrence testified in front of the Senate Committee on the Judiciary at a hearing titled, "That's the Ticket: Promoting Competition and Protecting Consumers in Live Entertainment." Lawrence's testimony kickstarted a year-long focus on ticketing reform.

On June 27, Academy member and two-time GRAMMY winning songwriter, producer, and artist, Daniel Tashian, testified as the only active music maker at the House Judiciary Committee's field hearing in Nashville. The hearing examined the effectiveness of the Music Modernization Act (MMA) five years after it became law.

Academy’s Music Army Continues To Grow

Throughout 2023, we continued to expand opportunities for Academy members to get involved in our advocacy work.

Over 2,500 Academy members participated in various advocacy initiatives, proving time and time again that the Recording Academy is a force to be reckoned with in Washington, D.C. and in state capitals across the country.  

The Recording Academy looks forward to continuing this work throughout 2024 — and continuing the fight for all music people worldwide. 

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