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President of Mexico Enrique Peña Nieto

President of Mexico Enrique Peña Nieto

Photo: Carlos Tischler/Getty Images

News
Learn Why Trade Talks Matter To Music why-trade-matters-music-creators

Why Trade Matters To Music Creators

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Find out how U.S. trade deals and European regulatory changes remain hot topics in music
Philip Merrill
Advocacy
Oct 31, 2018 - 2:22 pm

On Oct. 24 more than 1,500 Recording Academy members met with their lawmakers and candidates for District Advocate day, and one of the issues they repeatedly brought up was U.S. trade policy. With American music enjoyed worldwide, the way creators’ rights are protected overseas and in trade deals remain paramount to all in the domestic music creator community.

Two immediate areas of note: the renegotiation of NAFTA between the U.S., Canada and Mexico, as well as Europe's improved copyright regulations that affect major internet platforms and content creators.

https://twitter.com/laurasfeed/status/1055504104024268801

Thanks @RepKarenBass for your longtime support of creators and steadfast leadership @RecordingAcad @GRAMMYAdvocacy #districtadvocate pic.twitter.com/oJGtQ75Jjf

— Laura Segura (Mueller) (@laurasfeed) October 25, 2018

Since Aug. 27 when the U.S. and Mexico announced renegotiation agreements between President Donald Trump and President of Mexico Enrique Peña Nieto, Canada has since come aboard to complete the major renegotiation of the 1990s free trade agreement. Now terms of the United States–Mexico–Canada Agreement (USMCA) are pending final determination, with Congressional ratification expected to occur in 2019. Unfortunately, the creative community believes the intellectual property conditions included in the new agreement are outdated– exporting flawed American copyright conventions regarding hosting and infringement in ways that were beneficial for some internet businesses but not good for content creators.

A little bit of history: aspects of the 1998 Digital Millennium Copyright Act (DMCA) were put in place to protect internet hosting of content uploaded by users, because Internet Service Providers could not thrive while being held liable for everything all their users did on their networks. But what has happened since revealed another category besides ISPs who stood to benefit from the DMCA’s protections—content platforms such as Facebook and YouTube who have benefitted from protections against copyright violations on their websites.

Regrettably, the outmoded DMCA provisions are included in the agreed upon USMCA, and that’s why last week music creators called on Congress to put a stop to this denigration of copyright and establish trade frameworks that ensure internet platforms play by fair copyright rules. That's what is making the burgeoning licensed-content ecosystem grow, making livelihoods grow in the creative community instead of hurting artists' ability to survive.

While North America has looked to the past on copyright, Europe has gone about this a much better way with the approach embodied in its new Copyright Directive, which began to be drafted in 2016. Last June, we wrote about the pivotal moment when it passed out of European Parliament's Legal Affairs Committee, with its Article 13 of particular relevance to the scope of copyright safe harbors.

"It clarifies what the music sector has been saying for years: if you are in the business of distributing music or other creative works, you need a license, clear and simple," IMPALA's executive chair Helen Smith said last June. "It's time for the digital market to catch up with progress. Eyes of the world are on Europe to set a new standard for creators online."

That new standard was adopted on Sept. 12 when the European Parliament voted 438 to 226 for the directive. But that vote has met its adversaries, notably YouTube CEO Susan Wojcicki.

Fear is the message from YouTube, threatening that its own ways are best for content creators and that the compensation and exposure they receive from YouTube is gravely "at risk." Unlike the outmoded terms of DMCA safe harbors, however, Europe's copyright directive has approached fair compensation from a more modern viewpoint. She mischaracterizes Article 13's redefinition of infringement online as a financial threat she believes artists should oppose. In reality, YouTube will no doubt find a way to remain a major platform after the adopted changes are finalized and put into effect. This updated approach should be considered as the U.S. enters into trade deals with Canada and Mexico, and other nations.

Even if the NAFTA renegotiation does not implement visions of a licensed online marketplace—as Europe had adopted—the contrary way of looking at it should also be considered. Agreeing to a USMCA that is backwards-thinking on digital content must not be allowed to lock U.S. policy into obsolete ideas that would hurt digital commerce. The creative community is prepared to fight for our future by raising our voices against including obsolete definitions of the scope of infringement in new deals. These should make the most of present-day economic thinking about licensed commerce, not 1998 predictions for the internet.

The 1998 safe harbor provisions were passed when lawmakers did not know how huge the internet would become but they were trying to help it grow. They succeeded. But the free-for-all where bad actors get to do what they want and even good actors get to make their own rules would only hold back progress if continued. The "value gap" surely makes YouTube payments skimpier than they should be, as thousands of artists have protested over measly checks after millions of streams. The future is digital and a licensed ecosystem harmonizing the world market should not be put at risk by outmoded policy.

Celebrating District Advocate Day Engagement & Looking Ahead

Advocacy Holiday Party_121918

Lawmakers and the Academy celebrate together
Photo: Recording Academy

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Celebrating 2018 At Washington, D.C. Open House successful-year-grammy-advocacy-culminates-celebration-new-dc-hq

Successful Year for GRAMMY Advocacy Culminates at Celebration in New DC HQ

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A bipartisan bash brought together music's creators and top lawmakers at our new Advocacy offices in the nation's capital
Philip Merrill
Advocacy
Dec 19, 2018 - 4:09 pm

The Recording Academy's hard work on Capitol Hill has paid off in 2018 with real progress, and the time to celebrate has come! On Dec. 12, the GRAMMY-nominated songwriter, Julia Michaels, joined the GRAMMY Advocacy staff, lawmakers, Congressional staff and stakeholder groups—over 200 guests in total—for a holiday open house and ribbon-cutting ceremony at the Recording Academy's new offices in downtown Washington, D.C. The new space is intended to be a home for Academy members visiting the nation’s capital, and help better unite the policy community—in bipartisan fashion—with the music creator community.

Julia Michaels at the GRAMMY Advocacy open house.

“I want to thank the Recording Academy for being here in DC to represent those of us who make music” --GRAMMY nominee Julia Michaels at the GRAMMY Advocacy open house.

This special unity was on display throughout last week’s celebration, including during the official ribbon cutting ceremony that brought together musicians like Michaels and Academy Trustee and singer/songwriter Tracy Hamlin with lawmakers Rep. Debbie Wasserman Schultz (D-Fla.), Rep. Ron Estes (R-Kan.) and Rep. Steny Hoyer (D-Md.). Hoyer, who was recently elected Majority Leader for the 116th Congress, addressed the crowd praising the Academy for its efforts and successes in Washington.

https://twitter.com/RepRonEstes/status/1073239919588491264

It was great to join @juliamichaels to cut the ribbon on the new office for @GRAMMYAdvocacy and celebrate passage of the Music Modernization Act. Even in DC, music can bring Republicans and Democrats together! https://t.co/1695vVBOmu

— Rep. Ron Estes (@RepRonEstes) December 13, 2018

Earlier in the festivities, Michaels had a bipartisan visit with Reps. Kevin McCarthy (R-Calif.) and Norma Torres (D-Calif.). McCarthy will be the top Republican in the House next Congress and continue to serve alongside the aforementioned Hoyer as co-chairs of the Recording Arts and Sciences Congressional Caucus. Their bipartisan partnership on behalf of music led to 2018's historic victory when the Music Modernization Act was signed into law after having unanimously passed Congress.

https://twitter.com/GRAMMYAdvocacy/status/1072998425883541504

GRAMMYs

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Reps. David Cicilline (D-RI), Ted Deutch (D-Fla.), Sheila Jackson Lee (D-Texas), and Grace Meng (D-N.Y.) also joined in to celebrate with us. D.C.-based producer, engineer and songwriter—and recent GRAMMY nominee—Matt Squire entertained the crowd on Pro Tools, demonstrating how a song is brought to life as a recording, from start to finish. Michaels also addressed the importance of what happens after that, bringing the creative process full circle in context for the crowd.

The year of progress we've had and the passage of the Music Modernization Act are so important because the professionals who create the music we all love — the music that unites us — have to make a living to pour their time and talent into their craft successfully. Cheers and more to come in 2019—with a new home in D.C.!

GRAMMY Advocacy In Action: The Music Modernization Act & Beyond

Cary Sherman

Cary Sherman

Photo: Courtesy of RIAA

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RIAA's Cary Sherman, Music Champion, To Retire riaa-chairmanceo-cary-sherman-music-champion-retire

RIAA Chairman/CEO Cary Sherman, A Music Champion, To Retire

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Sherman's unique position as an advocate for the major music labels helped guide the challenging transition to today's thriving digital marketplace for music
Philip Merrill
Advocacy
Dec 12, 2018 - 1:32 pm

On Dec. 31 a major change of the guard at The Recording Industry Association of America (RIAA) will see former President and current Chairman/CEO Cary Sherman retire, with his responsibilities taken over by current President Mitch Glazier as of January 2019. While the Recording Academy represents all music creators, the RIAA represents the major music labels. Sherman's leadership steered a steady course through challenges including internet piracy and intellectual-property legal developments that led to today's successful digital ecosystem.

"Business models change, and shifts in policy positions follow," Sherman said in his speech at MIDEM on June 8, 2018. "Be alert for changes in business, and then look for the opportunity to find common ground, even with, in fact especially with, those who once were adversaries."

Sherman made the point that changing developments have forced artists to learn more about the music business and be prepared to shift position as the high-tech landscape continues to evolve. This has been just one of many areas where the Recording Academy and the RIAA found their own common ground. At the Academy's District Advocate day on Oct. 24, more than 1,500 of our members lobbied for constructive intellectual property policy changes — a powerful grassroots mobilization that was inconceivable in the days before digital changed the music business.

https://twitter.com/RIAA/status/1064643866509357058

THIS. So much this. A fitting tribute to an incredible leader and friend. 🎹 #pianoman https://t.co/Z5JAd59yp0

— RIAA (@RIAA) November 19, 2018

Accepting The Music Business Association (Music Biz) Presidential Award for Outstanding Executive Achievement on May 16, 2018, Sherman expressed pride in being the first attorney to achieve that honor. He described his first intellectual property assignment as a young lawyer in 1974. "I knew nothing about copyright or legislative work," he said about his first three weeks researching the potential establishment of a broadcast performance right for sound recordings. This is a struggle that continues to this day as broadcasters consolidate power without paying fair royalties to performers.

"For those of you who think that music policy and government regulation are not relevant to you, think again," he said in his acceptance speech. "Whether you're an artist, label, a songwriter, a publisher, a digital music service or a start-up, governmental policy will determine how you can operate and how you can earn money — or not."

On Nov. 15 in Washington, D.C. Sherman's retirement bash hosted a high-powered crowd of 300, including CEOs and lawmakers, filled with memories and gratitude for his steady leadership as digital ate half of the music industry's revenues and the music business struggled to successfully respond. His final day on the job will be Dec. 31 and his future plans include returning to "taking piano lessons." He described the signing of the Music Modernization Act into law — another area of mutual Recording Academy and RIAA support — as "the icing on the cake" of his storied career as the major labels' leading representative.

With major copyright litigation and multiple updates of copyright legislation behind him, Sherman's biggest regret is that radio still does not pay broadcast performance royalties — the assignment that first started his career in intellectual property in 1974. "That's the most gaping hole in our rights," he concluded. Sherman will be happy to note the quest to close this loophole will continue in his absence, and his many years of hard work toward a fair payment system for performers will not be in vain.

GRAMMY Advocacy In Action: The Music Modernization Act & Beyond

Manu Manzo singing)
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GRAMMY Advocacy Works: The MMA & Beyond grammy-advocacy-action-music-modernization-act-beyond

GRAMMY Advocacy In Action: The Music Modernization Act & Beyond

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As this year's GRAMMY nominations are revealed, we're reminded of the invaluable year-round efforts of the music community to advance and protect creator's rights
Philip Merrill
Advocacy
Dec 7, 2018 - 2:17 pm

"I feel the arts are very necessary for any student or any young person to grow up and be able to have a voice" —Latin GRAMMY-nominated artist Manu Manzo, Conversations in Advocacy #46

Keeping the future of the music industry healthy and fair takes work. Throughout the year, the Recording Academy advocates tirelessly on behalf of music creators, and guess what—it works. Case in point: just two month ago the President signed the Music Modernization Act into law, marking a historic moment in music legislation. The landmark bill made comprehensive copyright reform a reality, closing loopholes in our digital royalty laws to ensure songwriters, artists and producers are compensated fairly when their work is used by digital and satellite music services.

GRAMMYs

But change of this magnitude doesn't happen alone, and it doesn't happen overnight. Pushing the MMA through Congress took bipartisan support and a groundswell of rallying in the music world from thousands of performers, songwriters and studio professionals. Recording Academy members raise their voices together during GRAMMYs On The Hill each spring and District Advocate in the fall, meeting with their lawmakers to speak with them about the issues affecting their livelihoods.

One shining example, On Oct. 24 members of the Recording Academy's Florida Chapter rallied on District Advocate Day, joining more than 1,500 of their fellow members in raising their voices on music policy issues. The passion of everyone present was evident at the Florida Chapter rally, and the importance of creating and preserving a fair system to foster the future was front-and-center.

Florida Chapter Members Rally For Arts Funding

Today, this year's crop of GRAMMY nominees were revealed with the official announcement of the 61st GRAMMY Awards nominations. This joyous moment for many of today's finest music creators serves as a celebratory reminder of how much music means to our culture and how crucial our efforts as a music community are to have our voices heard.

Celebrating District Advocate Day Engagement & Looking Ahead

"Conversations in Advocacy" is your weekend digital tip sheet on music advocacy and the policies that affect music makers and their craft. New installments post every Friday.

Conversations In Advocacy 45_113018

Photo: Tasos Katopodis/WireImage

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House Democratic Leaders Chosen For Next Congress house-democratic-leadership-selections-elevate-music-champions

House Democratic Leadership Selections Elevate Music Champions

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Incoming leaders balance proven experience and legislative expertise with excitement over "freshman class" adding fresh perspective
Philip Merrill
Advocacy
Nov 30, 2018 - 4:12 pm

"Like their Republican counterparts, one thing incoming Democratic leadership shares has been their support for music's best interests" — Conversations In Advocacy #45

Democrats elected to the incoming Congress elected party leadership on Nov. 28–29, with some established leaders chosen to remain in leadership roles. With the House Of Representatives majority switching to the Democrats folowing the Midterm Elections, current House Minority Leader Nancy Pelosi (D-Calif.) — an outspoken advocate for music creators and speaker at GRAMMYs on the Hill 2018 — has been selected by her peers as  the nominee for Speaker of the House. Her final confirmation awaits a vote in early January that requires support by a majority of the House chamber.

https://twitter.com/NancyPelosi/status/986980500521676800

It was a pleasure to present @littlebigtown with the Creators Leadership Award at the #GRAMMYSOnTheHill. The use of their platform to advocate for music education, medical research & rights of impoverished communities is to be celebrated! pic.twitter.com/io56O9qs98

— Nancy Pelosi (@SpeakerPelosi) April 19, 2018

Steny Hoyer (D-Md.) has been serving as House Democratic Whip and will move on to be incoming House Majority Leader. Thanking fellow Dems for the honor, he said, "Our caucus is energized by a dynamic freshman class, and we will benefit from their experiences and the perspective they bring to the table."

Also serving as co-chair of the Recording Arts and Sciences Congressional Caucus, Hoyer will be uniquely able to share his own awareness of music's most important issues with lawmakers just starting their careers in Congress. Rep. Jim Clyburn (D-S.C.) was also selected for House majority whip and Rep. Ben Ray Luján (D-N.M.) for assistant Democratic leader.

Another music champion, Rep. Hakeem Jeffries (D-N.Y.), was chosen as Democratic Caucus Chair. Jeffries was the lead Democrat sponsor for the original Music Modernization Act and for those who watched the music hearings before the House Judiciary Committee that led to unanimous passage of the historic bill memories of Jeffries' impassioned and informed remarks on music's behalf remain fresh. Other music champions elected to leadership positions this week include Rep. Jamie Raskin (D-Md.), Rep. David Cicilline (D-R.I), and Rep. Ted Lieu (D-Calif.).

Congratulations to the new team of Democratic lawmakers selected for leadership in the Congress ahead. During District Advocate day 2018 on Oct. 24, more than 1,500 Recording Academy members discussed music's policy goals with lawmakers and candidates, including advocating for the CASE Act which was introduced by Rep. Jeffries. Our goals are clear and we look forward to continuing what Pelosi referred to as our "tireless advocacy" on behalf of music's creators.

Music Advocates Among Republican Leadership Team For The Incoming Congress

"Conversations in Advocacy" is your weekend digital tip sheet on music advocacy and the policies that affect music makers and their craft. New installments post every Friday.

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Some of the content on this site expresses viewpoints and opinions that are not those of the Recording Academy. Responsibility for the accuracy of information provided in stories not written by or specifically prepared for the Academy lies with the story's original source or writer. Content on this site does not reflect an endorsement or recommendation of any artist or music by the Recording Academy.