Thursday, April 27, 2017
Bill modifying the Register of Copyrights' selection process adopted by the House
By Emmanuel Legrand
The passing the Register of Copyrights Selection and Accountability Act (H.R. 1695) by the House of Representatives with a 378-48 vote is expected to be the first of several copyright-led bills to be discussed in the coming months by US Congress.
The bipartisan bill, which was introduced on March 23, 2017 by House Judiciary Committee Chairman Bob Goodlatte (R-Va.) and Ranking Member John Conyers, Jr. (D-Mich.), is the first meaningful piece of copyright legislation adopted by Congress since the DMCA in 1998. If adopted by the Senate, it would make the Register of Copyrights a Presidential appointee, subject to confirmation by the US Senate, and serving for a 10-year term. A selection panel made up of Members of Congress and the Librarian of Congress would be tasked with submitting a list of at least three qualified individuals to the President for his or her consideration.
Speaking to this writer after delivering the closing remarks at the World IP Day event organised by the USPTO, Chairman Goodlatte said that he hoped H.R. 1695 would be adopted "quickly" by the Senate and then signed into law by the President of the USA. "It's not a new idea, we've been working on this for a while," said Goodlatte, who declined to discuss any other specific piece of legislation that could follow H.R. 1695 other than saying it would have to be policy proposals for which it is possible to "reach a consensus."
Bills that could be considered include the Far Play Fair Pay Act that would introduce performance rights for sound recordings on terrestrial radio; the Songwriters Equity Act, that would simplify the way music is licensed by performance rights organisations; or the PROMOTE Act, which would allow performing artists to opt out of having their music played on the radio if they are not being paid an agreed-upon performance royalty.
A majority of Yeas
Creative industry professionals in Washington, DC welcomed the passing of H.R. 1695 on IP Day. Observers noted that the wide majority of Yeas to only 48 Nays illustrates the bipartisanship of the issue and bodes well for future policy proposals. Observers suspect that many Nays from Democrats are linked to the notion that they objected to having the Register becoming yet another Trump appointee.
Chairman Goodlatte and Ranking Member Conyers said in a statement that the bill was "one product of the House Judiciary Committee’s multi-year comprehensive review of our copyright laws. This bipartisan review, which began under the tenure of the former Librarian of Congress in April 2013, has been focused on ensuring our copyright laws keep pace in the digital age and has included much discussion on the merits of giving the Copyright Office more autonomy with respect to the Library of Congress."
They added, “While this legislation represents an important first step in the Committee’s efforts to update our nation’s copyright laws, we remain committed to working with all members and stakeholders to take additional steps to ensure the US Copyright Office is modernised so that it functions efficiently and effectively for all Americans.”
An important piece of legislation
NMPA President & CEO David Israelite commented, “At a time when creators constantly must defend their rights, it is critical that the Register of Copyrights is chosen carefully and vetted properly. Making this a presidentially-appointed and Senate-confirmed position not only adds the oversight needed to ensure this critical role is filled by someone up to the challenge, it also elevates the position to where it always should have been – amongst the ranks of the top officials within the administration. Additionally, the 10-year term will assist in maintaining continuity in the role across administrations."
Daryl Friedman, Chief Industry, Government & Member Relations Officer of The Recording Academy, stated: “The nation’s foremost copyright expert just moved a step closer from ‘government employee’ to ‘Presidential appointee with Senate confirmation.’ This important development in updating copyright laws illustrates Congress’ renewed priority of the issue.”
Copyright Alliance CEO Keith Kupferschmid commended "all who demonstrated backing for this important piece of legislation, enabling it to be passed through the House with tremendous bipartisan support, on the momentous occasion of World IP Day. Making the Register a presidential appointee as provided in H.R. 1695 will not only ensure that the selection process is more neutral, balanced, and transparent but it’s also critical to the continued modernization of the US Copyright Office. We look forward to continued support for this issue in the Senate."
Politicising the Copyright Office
Dissenting voices came from the American Library Association who opposed the Bill. ALA president-elect Jim Neal "urges all Senators to take special note of what the bill isn’t. Despite the arguments of its proponents, it isn’t related to modernisation of the Copyright Office, which it will impede. It isn’t about protecting or advancing the long-term interests of all Copyright Office stakeholders, just its most powerful ones. And, by oddly outsourcing appointment of the Legislative Branch’s own copyright advisor to the Executive Branch, it isn’t the way for Congress to get the nonpoliticised counsel about fairly balanced copyright law on which the economy and public interest depend."
Consumer group the Electronic Frontier Foundation also criticised the Bill, claiming that it will "effectively strip the Librarian of Congress of oversight over the Register, and is likely to increase industry influence over an already highly politicised office. The bill does nothing to improve the functioning of the Copyright Office, nor to fix any of the serious problems with copyright law, including its excessive and unpredictable penalties. We’re disappointed that so many in Congress chose to put the interests of powerful media and entertainment industries above those of the public as a whole, but the fight isn’t over yet. We’re urging the Senate to oppose the bill, and to push back against industry calls for an even more partisan Copyright Office."
Tuesday, April 18, 2017
Five takeaways from ASCAP 'I Create Music' Expo
By Emmanuel Legrand
1 - Getting involved is now part of the business of songwriters
 |
| ASCAP's Paul Williams |
ASCAP
'I Create Music' Expo always had an advocacy component but this year,
more than in previous years, participants were asked to bring their
voices to the discussion about the future of rights societies in the
American context. An energetic ASCAP Chairman and President Paul
Williams reminded attendants in his "State of the Nation" speech that
"what we do for a living is a holy mission," but that songwriters
"deserved to make a living" from their craft. His message was addressed
at digital services as well as policy-makers. "Pandora, Spotify, and all
who play our music, we love that you play our music, but just give us
fair payment for that," he said (in a separate session, songwriter
Priscilla
Renea, whose songs have been performed by Mary J. Blige and Miranda
Lambert, said that for one million
streams, the songwriter's royalty is about $170). And to policy-makers,
he asked to put an end to a system that is "over-regulated and that
under-values music," claiming that US songwriters were "the heaviest
regulated small businesses in the world." He appealed to "our friends on
both sides of the aisles" in Washington to reform the system,
especially the consent decrees that have been ruling ASCAP and
competitor BMI for 76 years. "We need a system close to a free market
with a free buyer and a free seller," said Williams, adding to the
benefit of the audience: "How can you make a difference? Advocacy!" He
asked them to reach out to policy-makers to urge them to support the
reform of copyright legislation. "This is a fight for the livelihoods of
the future generations," he concluded.
2 - Build momentum!
 |
| The session 'Music Licensing Reform: The Fight for Your Rights' at ASCAP 'I Create Music' EXPO (l-to-r): ASCAP Chairman/President Paul Williams, Congressman Doug Collins, Congresswoman Karen Bass, songwriter Priscilla Renea, and ASCAP General Counsel Clara Kim. |
The
doxa "you must do your part" was embraced too, in a bipartisan manner,
by two members of US Congress who attended ASCAP Expo -- Doug Collins
(R-G) and Karen Bass (D-CA) during the session "Music Licensing Reform:
The Fight for Your Rights". The Representatives from Georgia and
California agreed that they tend to disagree on a lot of policies, but
they find common ground on music-related issues. "This is an issue that
is a bi-partisan issue but when we work in a by-partisan way it does not
get any coverage," said Bass. Her message to the audience was simple:
"Call your Representative, we do pay attention." She added, "Congress
can be slow but can also can move overnight, if there is momentum. So
you
have to create a momentum by bringing it to our attention." Collins, who
was labelled "a friend" by Williams, concurred: "Get to know your
elected officials. We pay attention." Collins reminded the audience that
"there are competing voices so the issue is how you make your voices
hear." On the issues at stake -- modernising the consent decrees,
reforming music licensing -- Collins commented: "These are reasonable
requests from songwriters. It is not only do-able but also fair."
3 - ASCAP is in good shape and preparing for the future
ASCAP
CEO Beth Matthews was as buoyant as Williams in her address, with the
clear message that ASCAP has made -- and is continuing to make --
structural changes to adapt one of the world's largest PRO to the
realities of the digital era. ASCAP collected a
record $1.059 billion in 2016, up 5% year on year, with $918m going back
to songwriters and publishers (for every dollar in, 88 cents go back to
rights holders). Meanwhile, the number of registered performances has
been doubling year after year, from 250bn in 2013, to 500bn in 2015, and
1 trillion in 2016. Matthews said ASCAP will continue to build
partnerships to access modern tools such as data through a deal with
Nielsen, and will experiment blockchain technology with the UK's PRS for
Music and France's SACEM. "We have to innovate and experiment," she
said, "and we have to push the industry towards greater accountability
and transparency." Matthews also offered a method for the music industry
to deal with, and secure, changes in Washington. "Our recommendation is
to increase the value of music and grow the whole
pie," she said. "We get distracted [with cross-industry bickering] and
we confuse the guys in Washington. We should agree on
increasing the value of music and figure out how to divide the money
after."
4 - Give credit where it's due
A
new front has opened with songwriters getting increasingly frustrated
at the lack of information offered by streaming services about songs in
general, and songwriters/producers' credits in particular. “Little by
little our names are being erased from existence," said Desmond Child,
whose credits include 'Living on a Prayer' for Bon Jovi and 'Livin' la
Vida Loca' for Ricky Martin. "When you buy a Twinkie are you going to
read the credits?
No. But they have to be there by law. So why is our music not as
important as a Twinkie?,” asked Child. Fellow songwriter Aloe Blacc
stepped in to lament the lack of response from digital services on this
issue. “I’ve sent messages to Spotify and Apple and there’s been no real
response," said Blacc. "We -- as songwriters, performers, engineers
and mixers -- deserve our credits into the system." Child presented some
empirical research outlining how the various streaming services were
listing song's credits, from those who do provide some sort of credits
(Apple Music, Shazam, Tidal, iTunes and Amazon Music) to those (YouTube,
Pandora, Vevo, Spotify) that feature "no credit at all." Which led to
an interesting conversation with a representative from Pandora, Adam
Parness, who explained that credits were there on the platforms' new
services. Accepting the explanation, Child said he would remove Pandora
from the list of "bad guys."
5 - Signed, Sealed, Delivered!
 |
| Paul Williams, Stevie Wonder and Janelle Monae |
Stevie
Wonder was in the house. And he mesmerised his audience with tales
about songs in the key of life, which, quite appropriately, was the name
of the Award he received from the hands of ASCAP President Paul
Williams and Janelle Monae, who conducted the interview. The Key of Life
Award will be bestowed annually upon songwriters who, like Stevie Wonder,
"inspires and elevates the world through his songs, his spirit and his
boundless heart’," in the words of Williams. This generosity was felt
throughout the two hours Stevie Wonder spend at the Dolby Ballroom on
Hollywood Boulevard.
Wonder turned the pages of a life dedicated to music and songwriting, from his arrival at Motown at 11 ("I was just taking it all in"), playing the harmonica ("I wanted to play it as a small saxophone"), and meeting deadlines (“I wish I could do that. Everyone at Motown wished I could have done that. I try to do that but I don’t lock my self into It. If it’s doesn’t feel right, it’s just not done.”
Politics and today's climate were not omitted. He talked about how "heartbroken" he was at today's situation, lamenting "all the negativity, the people that felt they wanted to make America great again when America already is great.” He added, "Citizens have to be accountable, artists have to be accountable, leaders have to be accountable as well. Stop saying, ‘Can you believe what he said?’ ‘Can you believe what she said?’ Believe it! And say it’s unacceptable.”
But the best part was, of course, the music. He regaled the audience with a harmonica solo and played 'Tears of a Clown' (for which he wrote the melody from lyrics penned by Smokey Robinson), 'Superstition' (the top line came while he was drumming), 'Girl Blue' (from Music of My Mind, which he rarely plays) and 'Golden Lady', among others. He also came with a surprise gift: the rendition of 'Where’s Our Love Song', a new track for which he had the melody since 1971. He concluded by offering young songwriters, selected by ASCAP, to work with him on four songs, an invitation he also extended to Janelle Monae (who did a good job as an interviewer) and Paul Williams
Friday, April 7, 2017
Grammys bring artists' agenda to the Hill
By Emmanuel Legrand
 | |
| Keith Urban |
The best
advocates for music rights are usually the creators themselves, and nowhere do
they express themselves more eloquently than during the Grammys on The
Hill initiative. This Advocacy Day, put together by the Recording
Academy, home to the Grammys, has become over the years one of the most
efficient ways to "educate" policy-makers about the situation faced by
songwriters, composers and performers.
The day before, some 60 members of Congress were serenaded at the Hamilton by Keith Urban, Wynonna Judd and John Popper of Blues Traveler, while mingling with the likes of Four Tops' Duke Fakir, country star Martina McBride, British producer Peter Asher, R&B artist William Bell, blues legend Bobby Rush, or Rick Nielsen of Cheap Trick.
Urban, who received the Recording
Artists' Coalition Award for his musical achievements and commitment to
numerous music education programs, praised his music teachers, and
invited policy-makers to continue to support music education and arts. Wynonna got policy-makers to sing her song 'No One Else on Earth' and tease them for not knowing the lyrics.
Reforming copyright laws
Reforming copyright laws
But as Daryl Friedman, the Washington-DC-based chief advocacy and industry relations officer for the Recording Academy, reminded the audience that artists were also in DC to talk about the need to reform antiquated laws. Friedman listed many of the issues on the table, from performance rights for sound recordings on terrestrial radio (Fair Play Fair Pay Act) the modernisation of the consent decrees ruling rights societies ASCAP and BMI (Songwriters' Equity Act), and the Allocation for Music Producers Act (AMP Act), which would give for the first time a royalty to music producers.
One unexpected issues also made it on the list: The threat faced by arts agencies National Endowment for the Arts and for the Humanities (NEA and NEH) to see public funding fully disappear in the Trump administration's budget for 2018. Two of the Academy's honorees -- Senators Susan Collins (R-Maine) and Tom Udall (D-N.M.) -- made references to this situation, as did the CEO of the Recording Academy, Neil Portnow.
Congressman Udall explained that one in ten jobs in his state of New Mexico is related to the arts. "Arts enrich our lives, make us more humans and connect us," he said. "The purpose of government if to provide for public good and art is a public good." He pledged to fight for an NEA "under attack" and ensure that its budget stayed on, calling it "a good investment."
A hindrance for artists
 |
| The Recording Academy's Neil Portnow |
Speaking
before the event, The Recording Academy President/CEO Neil Portnow told me that the funding for the arts has
become "a big issue," calling it "a mistake to eliminate funding for
something that is key to American culture." Portnow said Grammys on the
Hill has become "enormously successful," and this year is particular in
that there is a real momentum on the Hill for music-related legislation.
"We've seen some bills coming in the past three or four weeks,"
said Portnow. "Music is usually a bipartisan issue, there are no party
lines, and we have a lot of supporters in Congress. There are also a lot
of newly elected representatives so there is a lot of education to do."
He added, "Some parts of the music industry are regulated by laws from 50 years ago, if not more, based on the circumstances from times, but that do not apply any more today. They have become a hindrance to our creative community."
Artists I spoke to before the event said they were ready to play their part. Cheap Trick's Nielsen was in DC for his second time. He joked that the first time, he went into a Senator's office to be greeted by the Congressman saying "I have all your albums." "They [the Academy] asked me and I came," he said with his raspy voice. "I have never been involved in politics, but arts are very important and people in the music industry must be treated fairly. I am one of the lucky ones. A lot of people struggle. A lot of our laws are archaic and they [legislators] know it. Time for some common sense."
Help fix policies
He added, "Some parts of the music industry are regulated by laws from 50 years ago, if not more, based on the circumstances from times, but that do not apply any more today. They have become a hindrance to our creative community."
Artists I spoke to before the event said they were ready to play their part. Cheap Trick's Nielsen was in DC for his second time. He joked that the first time, he went into a Senator's office to be greeted by the Congressman saying "I have all your albums." "They [the Academy] asked me and I came," he said with his raspy voice. "I have never been involved in politics, but arts are very important and people in the music industry must be treated fairly. I am one of the lucky ones. A lot of people struggle. A lot of our laws are archaic and they [legislators] know it. Time for some common sense."
Help fix policies
Songwriter/performer
Joy Uecke, of Jesse&Joy, is for the first time at Grammys on the
Hill, but she enlisted and she hoped to "talk about music and politics
in an amicable way." For her, the most important message for
policy-makers is that creators have to be "treated fairly."
Singer, songwriter and producer Mario was on the same wavelength, as a first timer too. "When we go into a project, we put all out energy and efforts into it, and we hope to reap the benefits, but because copyright laws are not up to date we are fighting over a small piece of the pie," he said. "Music affects every body's lives, but [the system] is not fair for artists."
For Blues Traveler's John Popper, who also came for the first time, it's also about the next generation of artists. "I am hear to help fix policies that affect people," he said. "We have a lot of obstacles to overcome, and the next generation will be dealing with even more. I hope things will happen and that we'll get moving."
Singer, songwriter and producer Mario was on the same wavelength, as a first timer too. "When we go into a project, we put all out energy and efforts into it, and we hope to reap the benefits, but because copyright laws are not up to date we are fighting over a small piece of the pie," he said. "Music affects every body's lives, but [the system] is not fair for artists."
For Blues Traveler's John Popper, who also came for the first time, it's also about the next generation of artists. "I am hear to help fix policies that affect people," he said. "We have a lot of obstacles to overcome, and the next generation will be dealing with even more. I hope things will happen and that we'll get moving."
Congressman Darrell Issa introduces the PROMOTE Act
By Emmanuel Legrand
PROMOTE was introduced by Congressman Darrell Issa (R-Calif.), Chairman of the House Judiciary Subcommittee for Courts, Intellectual Property and the Internet along with Subcommittee member Rep. Ted Deutch (D-Fla.) and is described as a "bipartisan legislation that would fix a decades-old inequity in copyright law that allows terrestrial radio stations to play music without compensating performers." It would grant grant owners of copyright in sound recordings the exclusive right to prohibit the broadcast transmission of the sound recordings by means of terrestrial radio stations."
One observer called it "the nuclear option" for broadcasters. If the Fair Play Fair Pay Act fails to pass but PROMOTE does, radio stations could face the risk of having performers withdrawing their works from broadcasting consideration. Certainly not the best scenario.
As Congressman Issa puts it, the PROMOTE Act "calls the bluff of both sides in the debate over performance rights." He added, "The terrestrial stations playing these works without compensating the artists argue that airtime provides exposure and promotional value, while the artists argue the status-quo allows radio stations to profit on artists' performances without providing any due compensation.Our bill puts forward a workable solution that would allow those who would otherwise be paid a performance right to opt out of allowing broadcasters to play their music if they feel they’re not being appropriately compensated. This is a win-win that helps solve this decades' long problem in a way that’s fair to both parties."
“We have been told for years that AM/FM radio provides valuable promotion to recording artists, but those artists have never been given the opportunity to decide for themselves," said Congressman Deutch. "It should be the artist’s choice whether to offer their music for free in exchange for promotional play, or to instead opt out of the unpaid use of their music."
The proposed legislation receive some positive responses from the music industry. “Kudos to Chairman Issa and Rep. Deutch, who
are calling the broadcasters’ bluff on this bogus claim that ‘promotion’
somehow justifies taking music for free," said RIAA Chairman & CEO
Cary Sherman. "All of radio’s competitors —
who also arguably ‘promote’ — pay music creators for their work. The
PROMOTE Act gets back to the basic notion of consent before property is
taken. We look forward to working with the Chairman, Rep. Deutch, and
their colleagues on finally resolving the performance rights loophole.”
The Executive Director of the musicFIRST coalition, Chris Israel, said: "Music creators rightly expect to be fairly compensated for their work, regardless of whether their songs are played on satellite radio services like Sirius XM, Pandora, Spotify, YouTube or AM/FM radio. Unfortunately, this is not always the case. The US is the only developed country where music creators have no say when it comes to traditional AM/FM radio stations playing and profiting from their hard work, but without receiving a dime. Congressman Issa’s PROMOTE Act addresses this glaring inequity by empowering music creators to seek fair compensation when their works are played on terrestrial radio."
The National Association of Broadcasters, which represents some 10,000 radio stations in the USA, has opposed the bill, as it did for the Fair Play Fair Pay Act. “NAB has significant concerns with this legislation that would upend the music licensing framework that currently enables broadcasters to serve local communities across the country, and would result in less music being played on the radio to the detriment of listeners and artists," said NAB Executive Vice President of Communications Dennis Wharton, who said that the NAB will continue to push for the Local Radio Freedom Act, which is supported by close to 200 Members of Congress, and "recognises the tremendous benefits of free, promotional airplay for musicians and labels."
The PROMOTE Act can be found here.
 |
| Congressman Darrell Issa |
More
copyright-related bills have popped up in the past few days in Washington, DC than in the
prior two years. "It's a great time for people in the
music industry," enthused a lobbyist from the music community that we
spoke to at the Grammy on the Hill event in DC on April 5. Indeed there
is the feeling that after over two years of hearings, consultations,
reports, the times they are a-changin' on the Hill.
First, we had the initiative from Bob Goodlatte, Chairman of the Committee on the Judiciary at the House of Representatives, with the the Register of Copyrights Selection and Accountability Act (H.R. 1695), requiring the Register of Copyrights to be nominated by the President of the United States and subject to confirmation by the US Senate.
First, we had the initiative from Bob Goodlatte, Chairman of the Committee on the Judiciary at the House of Representatives, with the the Register of Copyrights Selection and Accountability Act (H.R. 1695), requiring the Register of Copyrights to be nominated by the President of the United States and subject to confirmation by the US Senate.
Then
came the re-introduction of the Fair Play Fair Pay Act, which calls for
performance rights on sound recordings for terrestrial radio stations.
And now there's the PROMOTE Act of 2017 (H.R 1914), which very much
looks like a mirror to the Fair Play Fair Pay Act, since it would allow
performing artists to opt out of having their
music played on the radio if the performing artist is not being paid an
agreed-upon performance royalty.
Fixing inequities
PROMOTE was introduced by Congressman Darrell Issa (R-Calif.), Chairman of the House Judiciary Subcommittee for Courts, Intellectual Property and the Internet along with Subcommittee member Rep. Ted Deutch (D-Fla.) and is described as a "bipartisan legislation that would fix a decades-old inequity in copyright law that allows terrestrial radio stations to play music without compensating performers." It would grant grant owners of copyright in sound recordings the exclusive right to prohibit the broadcast transmission of the sound recordings by means of terrestrial radio stations."
One observer called it "the nuclear option" for broadcasters. If the Fair Play Fair Pay Act fails to pass but PROMOTE does, radio stations could face the risk of having performers withdrawing their works from broadcasting consideration. Certainly not the best scenario.
As Congressman Issa puts it, the PROMOTE Act "calls the bluff of both sides in the debate over performance rights." He added, "The terrestrial stations playing these works without compensating the artists argue that airtime provides exposure and promotional value, while the artists argue the status-quo allows radio stations to profit on artists' performances without providing any due compensation.Our bill puts forward a workable solution that would allow those who would otherwise be paid a performance right to opt out of allowing broadcasters to play their music if they feel they’re not being appropriately compensated. This is a win-win that helps solve this decades' long problem in a way that’s fair to both parties."
“We have been told for years that AM/FM radio provides valuable promotion to recording artists, but those artists have never been given the opportunity to decide for themselves," said Congressman Deutch. "It should be the artist’s choice whether to offer their music for free in exchange for promotional play, or to instead opt out of the unpaid use of their music."
Calling the bluff
The Executive Director of the musicFIRST coalition, Chris Israel, said: "Music creators rightly expect to be fairly compensated for their work, regardless of whether their songs are played on satellite radio services like Sirius XM, Pandora, Spotify, YouTube or AM/FM radio. Unfortunately, this is not always the case. The US is the only developed country where music creators have no say when it comes to traditional AM/FM radio stations playing and profiting from their hard work, but without receiving a dime. Congressman Issa’s PROMOTE Act addresses this glaring inequity by empowering music creators to seek fair compensation when their works are played on terrestrial radio."
The National Association of Broadcasters, which represents some 10,000 radio stations in the USA, has opposed the bill, as it did for the Fair Play Fair Pay Act. “NAB has significant concerns with this legislation that would upend the music licensing framework that currently enables broadcasters to serve local communities across the country, and would result in less music being played on the radio to the detriment of listeners and artists," said NAB Executive Vice President of Communications Dennis Wharton, who said that the NAB will continue to push for the Local Radio Freedom Act, which is supported by close to 200 Members of Congress, and "recognises the tremendous benefits of free, promotional airplay for musicians and labels."
The PROMOTE Act can be found here.
Bipartisan bill calls for US radio stations to pay for sound recordings
By Emmanuel Legrand
A bipartisan group of members of Congress have re-introduced a bill known as the Fair Play Fair Pay Act, which calls for terrestrial AM/FM radio stations to pay royalties on sound recordings. Currently, only non--interactive streaming services such as Pandora and Sirius XM pay these rights to record labels and performers through rights society SoundExchange.
The
bill is a joint effort from Congressman Jerrold Nadler (D-NY), Ranking
Member of the House Judiciary Subcommittee on Courts, Intellectual
Property, and the Internet, and Congressman Marsha Blackburn (R-TN),
Chair of the Energy and Commerce Subcommittee on Communications and
Technology, along with Judiciary Committee Ranking Member John Conyers,
Jr. (D-MI), Chairman of the House Judiciary Subcommittee on Courts,
Intellectual Property, and the Internet, Congressman Darrell Issa
(R-CA), Judiciary Committee Member Congressman Ted Deutch (D-FL), and
Congressman Tom Rooney (R-FL).
Addressing unfair rules
“Our current music licensing laws are antiquated and unfair, which is why we need a system that ensures all radio services play by the same rules and all artists are fairly compensated,” said Representatives Nadler, Blackburn, Conyers, Issa, Deutch and Rooney. “Our laws should reward innovation, spur economic diversity and uphold the constitutional rights of creators. That is what the Fair Play Fair Pay Act sets out to accomplish: fixing a system that for too long has disadvantaged music creators and pitted technologies against each other by allowing certain services to get away with paying little or nothing to artists.”
According to the sponsors of the bill, the Fair Play Fair Pay Act would:
- Create a terrestrial performance right so that AM/FM radio competes on equal footing with its Internet and satellite competitors who already pay performance royalties. For the first time, music creators would have the right to fair pay when their performances are broadcast on AM/FM radio.
- Bring true platform parity to radio so that all forms of radio, regardless of the technology they use, pay fair market value for music performances. This levels the playing field and ends the unfair and illogical distortions caused by the different royalty standards that exist today.
- Ensure terrestrial royalties are affordable capping royalties for stations with less than $1 million in annual revenue at $500 per year (and at $100 a year for non-commercial stations), while protecting religious and incidental uses of music from having to pay any royalties at all.
- Make a clear statement that pre-1972 recordings have value and those who are profiting from them must pay appropriate royalties for their use, while we closely monitor the litigation developments on this issue.
- Protect songwriters and publishers by clearly stating that nothing in this bill can be used to lower songwriting royalties.
- Codify industry practises streamlining the allocation of royalty payments to music producers.
“Our current music licensing laws are antiquated and unfair, which is why we need a system that ensures all radio services play by the same rules and all artists are fairly compensated,” said Representatives Nadler, Blackburn, Conyers, Issa, Deutch and Rooney. “Our laws should reward innovation, spur economic diversity and uphold the constitutional rights of creators. That is what the Fair Play Fair Pay Act sets out to accomplish: fixing a system that for too long has disadvantaged music creators and pitted technologies against each other by allowing certain services to get away with paying little or nothing to artists.”
According to the sponsors of the bill, the Fair Play Fair Pay Act would:
- Create a terrestrial performance right so that AM/FM radio competes on equal footing with its Internet and satellite competitors who already pay performance royalties. For the first time, music creators would have the right to fair pay when their performances are broadcast on AM/FM radio.
- Bring true platform parity to radio so that all forms of radio, regardless of the technology they use, pay fair market value for music performances. This levels the playing field and ends the unfair and illogical distortions caused by the different royalty standards that exist today.
- Ensure terrestrial royalties are affordable capping royalties for stations with less than $1 million in annual revenue at $500 per year (and at $100 a year for non-commercial stations), while protecting religious and incidental uses of music from having to pay any royalties at all.
- Make a clear statement that pre-1972 recordings have value and those who are profiting from them must pay appropriate royalties for their use, while we closely monitor the litigation developments on this issue.
- Protect songwriters and publishers by clearly stating that nothing in this bill can be used to lower songwriting royalties.
- Codify industry practises streamlining the allocation of royalty payments to music producers.
- Ensure that artists receive their fair share from
direct licensing of all performances eligible for the statutory license.
Transparent measures
The
last three points would also create a new level playing field in the
music industry. For the moment, pre-1972 recordings do not have a
copyright at a federal level and this has been a bone of contention
between performers and labels and streaming services. There are a series
of legal procedures centered on pre-1972 recordings, especially the
lawsuits filed by Flo & Eddie (formerly of The Turtles) against
satellite service Sirius XM.
The point about protecting
songwriters and
publishers is also important as there was serious concern among
publishers and songwriters that if a performance royalty on sound
recoding was introduced, it could be at the detriment of the current
royalties on compositions. The law would ensure that the level of
royalties paid to songwriters and publishers would not be affected.
And
the third point refers to the sticky notion of transparency in the
streaming world. Performers have voiced their worry that if labels were
to make direct deals to collect these performance rights, they would
also collect the performers' share and redistribute it to performers (at
the moment, SoundExchange distributes directly to performers). The law
would ensure that performers get their "fair share."
The
passing of the bill is not guaranteed. The music community will find
strong opposition from the National Association of Broadcasters, which
represents the vast majority of the country's radio groups, and has
constantly used its might to prevent performance rights from becoming a
reality. The organisation has been pushing for its own legislation, the
Local Radio Freedom Act, which has been sponsored by 165 House
Representatives and opposes "any new performance fee, tax, royalty, or
other charge" on local broadcast radio stations.
A 'job-killing' royalty
In response to the introduction of the Fair Play Fair Pay Act, NAB President and CEO Gordon Smith said that NAB "respectfully opposes the legislation reintroduced by Rep. Nadler that would impose a job-killing performance royalty on America's hometown radio stations. NAB remains committed to working with Congress on balanced music licensing proposals that help grow the entire music ecosystem, promote innovation, and recognise the benefit of our free locally-focused platform to both artists and listeners" Smith added that the Local Radio Freedom Act "acknowledges broadcast radio's indispensable role in breaking new artists and promoting record sales."
Music
industry representatives were quick to lend their support to the Fair
Play Fair Pay act. Daryl Friedman, Chief Industry, Government &
Member Relations
Officer of The Recording Academy, which organises the Grammy Awards,
said, “As
momentum builds for congressional copyright reform, the Fair Play Fair
Pay Act is a core issue. Radio is the only business in America that can
use another’s property without permission or compensation. The bill
protects small stations and only asks corporate radio to do what
internet and satellite radio already do: compensate the creators who
record the music that drives their business."
“This bipartisan legislation, together with recent developments that demonstrate strong support for the performance rights of artists, shows clear momentum for reaching a solution to copyright reform that establishes free market pay for all music creators and technology-neutral rules for music services," commented Chris Israel, Executive Director of musicFIRST, a coalition of music industry groups.
Melvin Gibbs, President of the Content Creators Coalition (c3), and Jeffrey Boxer, Executive Director/General Counsel of c3, said: "This bill sets the stage for the AM/FM performance right to be included in any copyright licensing reform. Big corporate radio’s hollow arguments and Potemkin resolutions have worn thin – and failed to stem the tide of progress."
The text of the bill can be found here.
House Judiciary Committee approves 27-1 the Register of Copyrights bill
By Emmanuel Legrand
The Judiciary Committee in the US House of Representatives has approved on March 29 by a vote of 27-1 the bipartisan Register of Copyrights Selection and Accountability Act (H.R. 1695), introduced the week before by Chairman Bob Goodlatte and Ranking Member John Conyers, Jr. This legislative step paves the way for the bill to be discussed and voted by the House.
The Judiciary Committee in the US House of Representatives has approved on March 29 by a vote of 27-1 the bipartisan Register of Copyrights Selection and Accountability Act (H.R. 1695), introduced the week before by Chairman Bob Goodlatte and Ranking Member John Conyers, Jr. This legislative step paves the way for the bill to be discussed and voted by the House.
The bill would require for the President of the
United States to appoint the Register of Copyrights, who runs the
Copyright Office (USCO), and for the Senate to ratify the presidential
choice. At the moment, the USCO sits within the Library of Congress and
the Register is appointed by the Librarian of Congress. "A 10-year term is sufficient for the next Register and all that follow to make major changes on Copyright Office operations without worrying about a short timespan to make those changes. Since the Copyright Office is part of the Legislative Branch, I understand that an amendment will be offered to ensure that Members of Congress pick the slate of candidates from which the President must chose a nominee."
Filling a critical gap
The position of Register has been vacant since the summer of 2016, when Maria Pallante resigned amid a conflict with the Librarian of Congress Dr. Carla Hayden, who seeked to reassign Pallante to other tasks within the LoC. Hayden is currently in the process of shortlisting candidates for the position. Goodlatte said that The Register of Copyrights Selection and Accountability Act of 2017 "fills a critical gap that currently exists in the selection process for all future Registers of Copyright."
He continued: "The current vacancy within the Register’s Office is a timely one as we consider the Copyright Office of the future. But we should not hold up replacement of the Register to resolve the other issues that will take more time to address. So I and 29 of my colleagues introduced this legislation as a way to speed up consideration of this key component before other changes to the Copyright Office are made. We have also worked in tandem with the Senate Judiciary Committee whose bipartisan leaders share our concern that we need to act while the Register position is vacant."
Modernising the USCO
"Making the Register a presidential appointee as provided in H.R.1695 will not only make the selection process more effective and transparent but it’s also critical to the continued modernisation of the US Copyright Office. The bill enjoys widespread bipartisan support and little opposition because of the narrow and modest approach taken and the tremendous support for a more transparent process for selecting the next Register of Copyrights."
Thursday, April 6, 2017
Dualtone prepares for Chuck Berry's last "vintage" album
By Emmanuel Legrand
Chuck Berry, who died on March 18, 2017 at the age of 90, had not released new material since 1979's 'Rock It,' but Dualtone Records President Paul Roper has confidence that 'Chuck,' his last recording, due out June 16, will come as a reminder that the late rock icon's was "one of the founding fathers of not just rock and roll but of contemporary music."
Roper says the album sounds like “vintage Berry," with party songs, rockers, love songs. “He had the songs,” he added. “He recorded some parts in his home studio. The recordings needed some work and we did our best to get a proper mix."
'Big Boys,' a teaser for the album, was released digitally on March 21 by Nashville-based Dualtone, in agreement with Berry's family. Chuck, which is dedicated to Berry's wife of 68 years, Themetta Berry, is comprised of ten new songs, eight of which were written by Berry. Plans for the release were well underway before the death of Berry, Roper said, and Berry's death did not alter the plans, except speeding up the release of 'Big Boys.'
“Working to prepare the release of this record in recent months and in fact over the last several years brought him a great sense of joy and satisfaction,” the Berry family said in a statement posted on Facebook. “While our hearts are very heavy at this time, we know that he had no greater wish than to see this album released to the world, and we know of no better way to celebrate and remember his 90 years of life than through his music.”
Berry has been recording and producing the songs in various studios around St. Louis, Missouri, between 1994 and 2014. The recordings involved his regular backing group at the Blueberry Hill, the St Louis venue where he's held a monthly residency until 2014. Musicians on the album include his children Charles Berry Jr. (guitar) and Ingrid Berry (vocals, harmonica), plus Jimmy Marsala (Berry’s bassist for forty years), Robert Lohr (piano), and Keith Robinson (drums). The album also includes guest performances from Gary Clark Jr., Tom Morello and Nathaniel Rateliff.
Roper explains that Nashville-based Dualtone was approached by Berry's lawyer, Gary Pierson, in 2015. "We had a decent reputation for working with artist at the tail of their careers, like June Carter Cash and Guy Clark, and treat with respect and dignity. We have that reputation for doing good work," explained Roper. Eventually, after shopping the album, Pierson and the Berry family settled with Dualtone.
“We knew from the get go that we wanted to be involved with this project and with an artist who is a piece of art and cultural history,” said Roper. “It was also important to tell the narrative of the album and include the family on these recordings."
The album features three generations of Berrys: Charles Junior and Ingrid, son and daughter of Chuck Berry, who often performed with their father, play on the album, and so is twenty-year-old son of Charles Junior, Charles Berry III, on 'Lady B. Goode.' “We knew he dabbled with guitar,”said Roper, “and thought it would be great to have three generations of Berrys, so we took him to Nashville and after a few rehearsals he was getting more comfortable, and when we recorded, he just did it! All those in the studio jumped. We all understood the gravity of this moment – he was playing with his dad on his grand father's record. It was a big moment to deliver on that scale.”
Roper said working on this project was "career-defining moment" but he only had one regret: throughout the process, he only dealt with Pierson and one of Berry's daughter, Melody Exes Berry-Eskridge. "I never got a chance to meet him," said Roper.
Chuck's track List:
Wonderful Woman
Big Boys
You Go To My Head
3/4 Time (Enchiladas)
Darlin'
Lady B. Goode
She Still Loves You
Jamaica Moon
Dutchman
Eyes of Man
'Big Boys' can be streamed on YouTube: https://youtu.be/d8Zoh-apWRE
Chuck Berry, who died on March 18, 2017 at the age of 90, had not released new material since 1979's 'Rock It,' but Dualtone Records President Paul Roper has confidence that 'Chuck,' his last recording, due out June 16, will come as a reminder that the late rock icon's was "one of the founding fathers of not just rock and roll but of contemporary music." Roper says the album sounds like “vintage Berry," with party songs, rockers, love songs. “He had the songs,” he added. “He recorded some parts in his home studio. The recordings needed some work and we did our best to get a proper mix."
'Big Boys,' a teaser for the album, was released digitally on March 21 by Nashville-based Dualtone, in agreement with Berry's family. Chuck, which is dedicated to Berry's wife of 68 years, Themetta Berry, is comprised of ten new songs, eight of which were written by Berry. Plans for the release were well underway before the death of Berry, Roper said, and Berry's death did not alter the plans, except speeding up the release of 'Big Boys.'
“Working to prepare the release of this record in recent months and in fact over the last several years brought him a great sense of joy and satisfaction,” the Berry family said in a statement posted on Facebook. “While our hearts are very heavy at this time, we know that he had no greater wish than to see this album released to the world, and we know of no better way to celebrate and remember his 90 years of life than through his music.”
Berry has been recording and producing the songs in various studios around St. Louis, Missouri, between 1994 and 2014. The recordings involved his regular backing group at the Blueberry Hill, the St Louis venue where he's held a monthly residency until 2014. Musicians on the album include his children Charles Berry Jr. (guitar) and Ingrid Berry (vocals, harmonica), plus Jimmy Marsala (Berry’s bassist for forty years), Robert Lohr (piano), and Keith Robinson (drums). The album also includes guest performances from Gary Clark Jr., Tom Morello and Nathaniel Rateliff.
Roper explains that Nashville-based Dualtone was approached by Berry's lawyer, Gary Pierson, in 2015. "We had a decent reputation for working with artist at the tail of their careers, like June Carter Cash and Guy Clark, and treat with respect and dignity. We have that reputation for doing good work," explained Roper. Eventually, after shopping the album, Pierson and the Berry family settled with Dualtone.
“We knew from the get go that we wanted to be involved with this project and with an artist who is a piece of art and cultural history,” said Roper. “It was also important to tell the narrative of the album and include the family on these recordings."
The album features three generations of Berrys: Charles Junior and Ingrid, son and daughter of Chuck Berry, who often performed with their father, play on the album, and so is twenty-year-old son of Charles Junior, Charles Berry III, on 'Lady B. Goode.' “We knew he dabbled with guitar,”said Roper, “and thought it would be great to have three generations of Berrys, so we took him to Nashville and after a few rehearsals he was getting more comfortable, and when we recorded, he just did it! All those in the studio jumped. We all understood the gravity of this moment – he was playing with his dad on his grand father's record. It was a big moment to deliver on that scale.”
Roper said working on this project was "career-defining moment" but he only had one regret: throughout the process, he only dealt with Pierson and one of Berry's daughter, Melody Exes Berry-Eskridge. "I never got a chance to meet him," said Roper.
Chuck's track List:
Wonderful Woman
Big Boys
You Go To My Head
3/4 Time (Enchiladas)
Darlin'
Lady B. Goode
She Still Loves You
Jamaica Moon
Dutchman
Eyes of Man
'Big Boys' can be streamed on YouTube: https://youtu.be/d8Zoh-apWRE
Subscribe to:
Posts (Atom)