“Karyn Temple is one of the country’s foremost experts on copyright law, and is respected across the board by policymakers and stakeholders. Congratulations to the Librarian of Congress on this important appointment. We have no doubt Karyn will serve as a trusted guardian of the U.S. copyright system to preserve America’s cultural and economic assets.”

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See RIAA Chairman & CEO Mitch Glazier’s Medium commentary on the report here.

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Below is a comment from RIAA President Mitch Glazier on the final passage of the bill:

“With this final House vote, another chapter in the journey of this critical legislation comes to a close.  As the Music Modernization Act goes to the President’s desk for signature, we have many Members to thank for their work to make this final House vote possible to improve the lives of countless artists, songwriters and producers. On behalf of a grateful music community, we extend our appreciation to Chairman Bob Goodlatte, Ranking Member Jerry Nadler, and Representatives Doug Collins, Darrell Issa, Marsha Blackburn, Joe Crowley, Ted Deutch, Hakeem Jeffries, and Tom Rooney for their leadership and commitment to getting this bill across the finish line. As the Turtles would say, we’re grateful Congress is ‘so happy together.’”

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Below is a comment from RIAA President Mitch Glazier on the Senate committee’s vote.

“We are grateful that the Senate Judiciary Committee has taken the next vital step to advance the Music Modernization Act.  Music speaks to all parties, all people, in all places. And when a community comes together as we have done, with no segment getting everything they want but recognizing injustice and working toward a common goal, anything is possible. We welcome the momentum surrounding this bill and thank Senators Grassley, Feinstein, Hatch, Coons, Kennedy and all of the cosponsors, for leading the charge in the Senate to right a long-standing wrong with the CLASSICS Act.  We look forward to Senate passage of the entire MMA, and this crucial bill finally becoming law.”

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“With this unanimous vote, we are one step closer to a once-in-a-generation reform of our music licensing laws. It’s a long time coming and we have much work to do, but the breadth and depth of unprecedented legislative support demonstrated over the last two weeks is illustrative. It is the result of a broken system that poorly serves creators and years of painstaking consensus-building by many key members of Congress. This bill has advanced as far as it has because its component parts reflect reforms of the entire music ecosystem. That is an essential ingredient.

“Our focus and attention now turns to the Senate. We are fortunate that the major planks of the House-passed ‘Music Modernization Act’ enjoy bipartisan support in the Senate, and we look forward to working with Senators and their staff as they consider and advance these key reforms.”

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WASHINGTON – The United States House Judiciary Committee voted unanimously today (32-0) to approve the new Music Modernization Act (H.R. 5447), legislation that would reform music licensing laws for the 21^st century – including the long-overdue CLASSICS Act. Below is a comment from Chairman & CEO Cary Sherman on the advancement of this critical consensus bill.

“As this historic legislation begins to advance through Congress, we move one step closer to the finish line.  A unanimous vote should send unmistakable signal to lawmakers in both chambers:  this package of reforms enjoys deep, bipartisan support.  And for good reason –  this bill is result of thoughtful, extensive examination of the patchwork of antiquated music licensing laws that poorly serve creators.  This includes the unintended and unfair quirk in the law that denies legacy artists the federal right to be compensated by digital radio services.  We are grateful for the stewardship of Chairman Goodlatte and Ranking Member Nadler, as well as Representatives Issa, Johnson, Collins, Jeffries, Smith, and Deutch, who all have been tireless advocates for this important legislation. We now look to the House floor, and urge all Members of Congress to advance this bill to help make these critical reforms a reality.”

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Contact:

Jonathan Lamy

Cara Duckworth Weiblinger

Liz Kennedy

(202) 775-0101

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WASHINGTON, DC – After several years of discussions and hearings, this week the House Judiciary Committee is slated to vote on a package of music licensing reforms introduced today by Chairman Bob Goodlatte (R-Va.), Ranking Member Jerry Nadler (D-N.Y.), and Representatives Issa (R-Calif.), Hank Johnson (D-Ga.), Doug Collins (R-Ga.), Hakeem Jeffries (D-N.Y.), Lamar Smith (R-Texas), and Ted Deutch (D-Fla.) called the new “Music Modernization Act” (H.R. 5447).  The new bill includes the original Music Modernization Act, the CLASSICS Act, the AMP Act, and a market-based rate standard for statutory licenses.

“The introduction of this new package bill, by the senior leadership of the House Judiciary Committee, is an unmistakable sign of more progress on several well-studied music licensing reforms, including the long-overdue CLASSICS Act,” said Cary Sherman, Chairman & CEO, RIAA.  “It is a consensus bill widely supported by thousands of artists and songwriters, dozens of music organizations and leading technology companies.  It is ready for a committee vote.

“There should be no debate that the greatest generation of music deserves to be paid when their recordings are played on digital radio. The time is now. These reforms have the potential to shape our industry’s future as they serve those in the music community who need them the most.  We are grateful for the leadership of Chairman Goodlatte, along with Ranking Member Nadler, and Representatives Issa, Johnson, Collins, Jeffries, Smith and Deutch as they work to make these critical reforms a reality.”

THE KEY PIECES OF THE NEW MUSIC MODERNIZATION ACT:

The Music Modernization Act  (H.R. 4706, S. 2334) is the most significant update to music copyright law for songwriters in a generation. The bill improves both how, and how much, songwriters are paid. The bill reforms Section 115 of the U.S. Copyright Act to create a single licensing entity that administers the mechanical reproduction rights for digital uses of musical compositions – like those used in interactive streaming models offered by Apple, Spotify, Amazon, Pandora, Google and others. It also repeals Section 114(i) and, consistent with most federal litigation, utilizes random assignment of judges to decide ASCAP and BMI rate-setting cases – two provisions that will enable fairer outcomes for songwriters and composers.

The CLASSICS Act (H.R. 3301, S. 2393) is overdue legislation that addresses one of copyright law’s most glaring loopholes: the lack of payment for the streaming of recordings made before 1972. Legacy artists who recorded music before 1972 are not entitled to be paid royalties under federal copyright law when their music is played on digital radio (think Pandora and SiriusXM). Many legacy artists are no longer able to tour in order to earn a living, so this unfortunate gap in the law has an enormous effect on their livelihoods. The CLASSICS Act would treat legacy artists the same way their contemporaries are treated. Notable: Pandora supports this bill, along with the Digital Media Association (DiMA), and the NAACP recently endorsed the legislation, among others. On Valentine’s Day, Rock n Roll Hall of Famer Darlene Love and Mary Wilson of The Supremes made a compelling case before Members of Congress and staff at a CLASSICS Act event on Capitol Hill (see footage here).

The AMP Act (H.R. 881, S. 2625) improves and simplifies the payment of royalties owed to music producers, mixers and engineers by allowing royalty collection/distribution organization SoundExchange  to directly pay these music creators. This formalized, streamlined process provides a consistent and permanent arrangement for studio professionals to receive their much- deserved payments for their contributions to the creation of music.

Market-Based Rate Standard For Statutory Licenses. The new bill would require a market-based rate standard for sound recordings for statutory licenses. This provision would allow the Copyright Royalty Board which sets rates for statutory services to consider the rates and terms that would have been negotiated in the marketplace between a willing buyer and a willing seller.

WHO SUPPORTS THE PACKAGE:

Virtually everyone in the music community, as well as the major technology platforms who distribute music.  In January, more than twenty of the largest music organizations in the country voiced their unified support. Thousands of performers, from featured artists to sidemen, backup singers and musicians, have joined the chorus appealing to Congress in support of these needed reforms. More than 28,000 songwriters have endorsed the MMA and more than 300 prominent legacy artists have urged Congress to support the CLASSICS Act, and those numbers are growing each day. The Digital Media Association and the Internet Association, which represent some of our nation’s largest technology companies, also support this package — giving it unprecedented cross-industry backing.

THE ROAD AHEAD

After the House Judiciary Committee’s expected approval tomorrow, the bill heads to the House floor in the weeks ahead for a vote before the full chamber.  The Senate is likely to conduct a hearing on the legislative package in May and a markup in the Judiciary Committee soon thereafter.

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WASHINGTON, DC — An unprecedented coalition of music artists, supported by eight leading music organizations, continues to grow, with 89 additional musicians joining the call on Congress to pass the CLASSICS Act. This bipartisan legislation has been introduced in both chambers of Congress and will address one of copyright law’s most glaring loopholes. The number of artists supporting CLASSICS now totals 302.

Digital radio makes billions of dollars a year from airplay of music made before February 15, 1972. However, because of a glaring inequity in copyright standards, artists who recorded their work before February 15, 1972 are not required by federal law to be paid when their work is played on SiriusXM and digital streaming services. The CLASSICS Act would correct this injustice and ensure that music creators who made those timeless recordings finally get their due.

The CLASSICS Act was introduced in the U.S. House of Representatives by Reps. Darrell Issa (R-CA) and Jerrold Nadler (D-NY) and will be a part of the music copyright package scheduled for markup by the House Judiciary Committee the week of April 9^th. Companion legislation in the U.S. Senate, (S. 2393), is sponsored by Sens. John Kennedy (R-LA) and Chris Coons (D-DE) and in recent weeks Sens. Kirsten Gillibrand (D-NY) and Sheldon Whitehouse (D-RI) have signed in support of the legislation.

The growing coalition of artists urging passage of the CLASSICS Act is supported by music community leaders including A2IM, American Federation of Musicians, Content Creators Coalition, the Recording Academy, Recording Industry Association of America, SAG-AFTRA and SoundExchange.

The artists recently joining the coalition to pass the CLASSICS Act includes:

Click here to see the full list of artists that have signed on in support of the CLASSICS Act.

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A2IM contact:
Dawn Kamerling / (646) 322-4903 / dawn@thepresshouse.com

American Federation of Musicians contact:
Rose Ryan / 917-229-0239 / rryan@afm.org

Content Creators Coalition contact:
Eric Jotkoff / 202-748-5342 / Eric@lawmedia.net

musicFIRST Coalition contact:
Isabel Rollison / 202-400-2611 / rollison@jdafrontline.com

RIAA contact:
Cara Duckworth Weiblinger / 202-775-0101/ cduckworth@riaa.com
Jonathan Lamy / 202-775-0101 / jlamy@riaa.com

SAG-AFTRA contact:
Pamela Greenwalt​ / 323-440-2892/ Pamela.Greenwalt@sagaftra.org

SoundExchange contact:
Sophia Majlessi / 202-696-1832 / smajlessi@soundexchange.com

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Currently, legacy artists enjoy no federal right to be paid by digital radio services for recordings made before 1972. Artists and record labels argue that some state laws, such as those in California, do provide protections for those pre-1972 recordings.  The artist listed above lent their names and voices to a powerful amicus filing in the case of Flo & Eddie (the Turtles) vs Pandora. Currently the California Supreme Court is considering whether or not a pre-’72 performance right exists in that state. The filing tells the story of California’s profound musical history and the artists that helped shape it, as told by the artists to veteran music journalist Steve Hochman (who penned the brief after many interviews). RIAA also filed a joint amicus brief in the case along with indie label trade association A2IM and indie label ABKCO.

Separately, the entire music community supports pending federal legislation, the CLASSICS Act, which would – once and for all – extend a federal performance right and compensation to those pre-1972 recordings.

The artists’ filing can be viewed here: Artist Amicus CA Supreme Court Filing

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Capitol Hill Poised to Begin Advancing Music Licensing Reforms

Washington, DC, January 8, 2018 – Prominent music organizations representing U.S. music publishers, record labels, songwriters, composers, artists and performance rights organizations (PROs) today formally announced their united support for key pieces of pending music legislation.

The National Music Publishers’ Association (NMPA), The Recording Industry Association of America (RIAA), American Association of Independent Music (A2IM), the Recording Academy, the Nashville Songwriters Association International (NSAI), the Songwriters of North America (SONA), The American Society of Composers, Authors, and Publishers (ASCAP), Broadcast Music Inc. (BMI), the Production Music Association (PMA), the Church Music Publishers Association (CMPA), the Music Publishers Association (MPA), the Council of Music Creators (CMC), the Society of Composers and Lyricists (SCL), MusicAnswers, the American Federation of Musicians (AFM), SAG-AFTRA, the Association of Independent Music Publishers (AIMP), SoundExchange, SX Works, the Administrators of Gospel Music (AGM), the Content Creators Coalition and the Music Managers Forum U.S. officially endorsed:

• The Music Modernization Act of 2017
• The CLASSICS Act
• The AMP Act
• A market-based rate standard for artists from satellite radio

The organizations also strongly support successfully resolving the lack of a terrestrial performance right to provide fair compensation for sound recordings.  Music community leaders say it is essential to work together and support related reforms, especially now that Congress is expected to consider and advance legislation in 2018.

The Music Modernization Act would be the most significant update to music copyright law in over a generation and represents unprecedented compromise across all aspects of the music industry.  The bill reforms Section 115 of the U.S. Copyright Act to create a single licensing entity that administers the mechanical reproduction rights for all digital uses of musical compositions – like those used in interactive streaming models offered by Apple, Spotify, Amazon, Pandora, Google and others. It also repeals Section 114(i) and, consistent with most federal litigation, utilizes random assignment of judges to decide ASCAP and BMI rate-setting cases – two provisions that will enable fairer outcomes for songwriters and composers.

The CLASSICS Act (Compensating Legacy Artists for their Songs, Service, & Important Contributions to Society Act) would benefit artists and music creators who recorded music before 1972 by establishing royalty payments whenever their music is played on digital radio. SoundExchange would distribute royalties for pre-’72 recordings played by Internet, cable and satellite radio services just as it does for post-’72 recordings.  Currently only sound recordings made after 1972 receive payments from digital radio services under federal law.

The AMP Act (Allocation for Music Producers Act) for the first time adds producers and engineers, who play an indispensable role in the creation of sound recordings, to U.S. copyright law. The bill codifies into law the producer’s right to collect digital royalties and provides a consistent, permanent process for studio professionals to receive royalties for their contributions to the creation of music.

NMPA President & CEO David Israelite: “Today is truly a new day for songwriters and artists. We are all coming together to support each other’s efforts to modernize and bring fairness to how music creators are paid. Music has value – and that value is not reflected in the way songwriters and artists are treated under century-old laws that have not kept pace with technology.  Right now, there is unprecedented momentum behind efforts to fix outdated laws that prevent music creators from earning what they deserve, and I am thrilled to say that publishers, songwriters, composers, labels, artists and PROs stand together to fix them.”

RIAA President Mitch Glazier: “2018 is the year for Congress to enact many long-studied proposals that will make our country’s music licensing system fairer for artists, songwriters and their label and publisher partners.  A unified music community is essential if we are to take advantage of this once-in-a-generation opportunity.  We encourage the Judiciary Committees to begin advancing these common-sense provisions that modernize the music licensing system, and provide fair, market-based compensation to all music creators for their property and work.”

Recording Academy CEO Neil Portnow: “For years, our creator membership has sought a holistic approach to update music licensing.  Artists, songwriters, producers and engineers have each advocated for their fellow creators because we’re all in this together.  Today, our industry unites in the same manner to support a comprehensive slate of legislative issues that will improve the environment for music makers, music services, and music fans.  As we prepare to celebrate music at the GRAMMYs, we can celebrate this important milestone as well.”

A2IM CEO Richard James Burgess: “The recorded music industry speaks with one voice in support of the Music Modernization Act and to further rationalize copyright law. This legislation brings us one step closer to our goal of creators and copyright owners being compensated fairly for all uses of their work. We applaud Mr. Collins and Mr. Jeffries for introducing this bill, Mr. Issa and Mr. Nadler for the CLASSICS Act, and Mr. Rooney and Mr. Crowley for the AMP Act. We urge Congress to move forward on these important reforms, to seek market rates for all music streaming, and to demand that American artists be paid for terrestrial radio performances.”

Nashville Songwriters Association International (NSAI) Executive Director Bart Herbison: “Songs are written and songs are sung.   Music industry trade groups who represent songwriters and artists coming together to fully support bills to benefit all music creators is monumental.  Congress will soon consider a variety of measures to significantly advance fair market compensation for creators.  Our show of unity should encourage them to pass the most significant copyright reforms in more than a generation.”

Songwriters of North America (SONA) Executive Director Michelle Lewis: “These historic pieces of legislation constitute an exciting first step towards unifying songwriters, artists, producers, labels, and publishers with the digital platforms that deliver music to consumers. On behalf of our community of songwriters and composers, SONA is happy to support the shift towards fair compensation for all music creators.”

ASCAP CEO Elizabeth Matthews: “Music is the essential ingredient in the success of companies that deliver music to listeners. The songwriters, composers and artists who make that music deserve to be treated fairly under our copyright laws.  The Music Modernization Act, the Classics Act and the AMP Act are all reasonable and sensible reforms that bring our nation’s outdated laws into the modern world. We stand together as a community to advocate for the music creators and artists who enrich our lives everyday with their incredible talent and hard work.”

BMI President & CEO Michael O’Neill: “BMI supports strengthening Copyright protections for all American music creators.  We are proud to be a part of this unique coalition of music creators, music advocates, and music users, in support of this legislation which brings 21st-century protections to all.”

SoundExchange President & CEO Michael Huppe: “SoundExchange is pleased to join other industry voices banding together on behalf of all music creators to advocate for meaningful change to the laws driving how music is valued.   All creators of music deserve to be fairly paid for the use of their work, regardless of the platform or their place in the creative process.   Working together, across the industry and across the aisle, on a shared agenda of legislative solutions is the best way forward to fix our system.”

SAG-AFTRA National Executive Director David White:  “SAG-AFTRA represents the sound recording performers – including royalty artists and session vocalists, whose creative work brings American music to life.  An update to the music licensing landscape to reflect the new digital age of music consumption, and recognition of the immeasurable value of our cherished pre-1972 sound recording performers, are both long overdue.   We join with our industry colleagues in thanking representatives Nadler, Collins, Jeffries, Issa, Rooney and Crowley for their foresight and their leadership.  These legislative initiatives better serve the artists at the heart of the creative works that provide so much cultural and economic value to this country. We look forward to seeing this legislation move forward, and we look forward to continuing our fight for fair compensation for sound recording artists on all music platforms, including terrestrial radio.”

AFM International President Ray Hair:  We stand with all music creators seeking fairness, and urge Congress to act in 2018 to remedy the full range of inequities that harm creators under current law. Musicians welcome the support of the entire music community in urging Congress to enact a terrestrial performance right.  It is time for Congress to end the loophole that deprives performers of fair pay for the use of their work on AM/FM radio.

NMPA: csellmyer@nmpa.org

RIAA: jlamy@riaa.com; cduckworth@riaa.com

A2IM: kiva@thepresshouse.com

The Recording Academy: neda.azarfar@grammy.com

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