CASE Act Passed In The House, Moves To Senate As Congress Continues To Stand With Creators

Photo: Al Pereira/Getty Images

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CASE Act Passed In The House, Moves To Senate As Congress Continues To Stand With Creators

Three weeks after District Advocate day, legislation that will simplify and streamline copyright enforcement for independent creators moves one step closer to becoming law

Advocacy/Oct 23, 2019 - 03:12 am

Songwriters, artists and other creators of all levels of financial success scored a big win today in Washington. The Copyright Alternative Small Claims Enforcement Act (CASE Act) has passed in the House of Representatives by the vote of 410-6. The bill lays out a simpler and more cost-effective way for creators to defend their original works against infringement, ensuring basic copyright protection is no longer only afforded to those who can afford costly legal fees associated with Federal court action.

Since its inception, the bill has garnered bipartisan support in Congress as well as a strong backing from the Recording Academy. This month, Academy members across the country participated in District Advocate day and urged lawmakers to vote for this legislation that would eliminate the current unfair advantage against creators.

<blockquote class="twitter-tweet"><p lang="en" dir="ltr">The <a href="https://twitter.com/hashtag/CASEAct?src=hash&amp;ref_src=twsrc%5Etfw">#CASEAct</a> would provide creators a streamlined, inexpensive path to fairly resolve small copyright infringement claims outside of court. <a href="https://t.co/Qou7AebSxY">pic.twitter.com/Qou7AebSxY</a></p>&mdash; GRAMMY Advocacy (@GRAMMYAdvocacy) <a href="https://twitter.com/GRAMMYAdvocacy/status/1171854377407004672?ref_src=twsrc%5Etfw">September 11, 2019</a></blockquote> <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>

"The Recording Academy applauds the House for passing the CASE Act today, another victory for music creators almost exactly a year after the Music Modernization Act was signed into law,” said Daryl Friedman, Chief Industry, Government, & Member Relations Officer for the Recording Academy. “We also thank the nearly 2,000 Recording Academy members who lobbied their legislators this month for the CASE Act. We now look to the Senate and the White House to get this bill into law and ensure music makers have access to the copyright protection they deserve". 

Another voice of support raised up over the weekend in an op-ed in the San Francisco Chronicle by GRAMMY-winning singer/songwriter Fantastic Negrito. The Oakland-based blues artist outlined the current problem quite clearly in his piece entitled "Protecting art from infringement."

"Right now, the only way for any creators to fight for their rights is to take the case to federal court. But who has the money for that?" wrote Fantastic Negrito. "The average federal copyright case costs nearly $400,000 to litigate — not to mention the months it takes to pursue these cases, which take us off the road and out of the studio." 

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

To address this dire need to change the system, the CASE Act will create the Copyright Claims Board at the U.S. Copyright office, establishing a small claims court and capping claim damages to provide better and more efficient copyright infringement protection. Simplifying this process and making copyright enforcement affordable to all creators will, in the end, serve everyone.

"It’s my hope that when the full Congress considers the bill, our elected officials will vote to support the tens of thousands of creators and small businesses who will stand to benefit from a stronger, more reliable copyright system," added Fantastic Negrito.

The CASE Act now moves to the Senate, one big step closer to being signed into law on the president's desk. For anyone who loves music and appreciates the creativity and hard work that goes into creating it, now is the time to contact your Senators and urge them to support all creators by co-sponsoring the act. After all, copyright infringement protection should not be reserved for superstar songwriters.

District Advocate Day 2019: Music Creators Raise Their Voices Across The U.S.

A Victory In Tennessee: Governor Bill Lee Signs The ELVIS Act Into Law

Photo: Brandon Hull

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A Victory In Tennessee: Governor Bill Lee Signs The ELVIS Act Into Law

The signing ceremony hailed as the "coolest bill signing ever" by Gov. Lee, took place at Robert's Western World, an iconic Honky Tonk in downtown Nashville.

Advocacy/Mar 26, 2024 - 04:53 pm

On Thursday, March 21, the Recording Academy celebrated an extraordinary moment for Tennessee's vibrant music community as Governor Bill Lee signed the groundbreaking ELVIS Act into law. The signing ceremony hailed as the "coolest bill signing ever" by Gov. Lee, took place at Robert's Western World, an iconic Honky Tonk in downtown Nashville, showcasing the deep connection between music and culture in the state.

Surrounded by Country music stars Luke Bryan and Chris Janson, Gov. Lee emphasized the significance of protecting musicians, acknowledging their role in shaping Tennessee's identity and history. "This industry has helped forge and created the identity of this state" stated Gov. Lee, "and what you've done is not only created and forged our identity and our history here, but much of what is happening in this country."

When discussing the implications of what this legislation means for creators across the state, Gov. Lee highlighted the dangers of AI now being prevented. "[AI] can steal those gifts, it can impersonate those gifts, it can subsequently create fake works that rob those artists of their intellectual property that has made their success, and we can't let that happen. Tennessee should lead on this issue, and we are, this is the first bill of its kind."

Also attending the signing ceremony were Gebre Waddell, the Academy's national Secretary/Treasurer and Chair of the Tennessee Entertainment Commission, artists Natalie Grant and Matt Maher, who testified in support of the ELVIS Act before the Tennessee legislature, and additional artists and elected leaders representing the Academy's Memphis and Nashville Chapters.

In January, the Recording Academy joined Gov. Lee, House Majority Leader William Lamberth and Senate Majority Leader Jack Johnson, and dozens of artists, songwriters, music executives, and industry groups to introduce the Ensuring Likeness, Voice, and Image Security (ELVIS) Act. The Recording Academy's support for the ELVIS Act, including advocacy days and mobilization of music creators, played a pivotal role in the bill's success. By uniting Tennessee's artists and legislators, the Recording Academy spearheaded a collective effort to combat AI fraud and safeguard the authenticity of music creation.

Tennessee has a booming music community that supports more than 61,000 jobs across the state and contributes $5.8 billion to the state's GDP. During the signing ceremony, Chris Janson highlighted his gratitude for this legislation supporting the growing music community in Tennessee. "This is a serious thing. I am a songwriter first; I've always said that; I'm an artist second. I love what I do, I'm grateful for my job, and I am so grateful for leadership who cares." Janson directly thanked the members of Tennessee's General Assembly for supporting this legislation. "We are grateful for you guys protecting our community," declared Janson, "Nashville is nothing without the music community."

The signing of the ELVIS Act marked a historic milestone as the first legislation in the nation focused on safeguarding the core elements of artistic identity, including voice and likeness, in the context of AI. This groundbreaking law updates Tennessee's existing right to publicity, extending protections to songwriters, performers, and all individuals' voices from exploitation by artificial intelligence.

The swift progress of the ELVIS Act through the Tennessee legislature reflects the industry's urgent need for such protections. "The Recording Academy celebrates the passage of the ELVIS Act as a groundbreaking achievement in the effort to protect human creators in the age of AI," said Recording Academy CEO Harvey Mason jr. "This milestone represents the power of collaboration, and it was a privilege to work with our partners in the Human Artistry Campaign, Governor Lee, and the Tennessee state legislature to move the ELVIS Act forward. Today is just the beginning — as AI continues to develop, the Recording Academy and our members will continue to support meaningful legislation across the country that uplifts music people and human creativity."

Looking ahead, the ELVIS Act sets a precedent for future legislation at both the state and federal level. As the Recording Academy remains committed to supporting and protecting human creativity, the ELVIS Act serves as a beacon of hope for music creators everywhere, ensuring a future where artistic expression thrives free from exploitation.

How The Recording Academy Is Redoubling Its Efforts To Protect Creators From AI Risks

How The Recording Academy Is Redoubling Its Efforts To Protect Creators From AI Risks
Jeff Becker, Senator Mary Edly-Allen and Dani Deahl

Photo courtesy of the Illinois Senate Democratic Caucus

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How The Recording Academy Is Redoubling Its Efforts To Protect Creators From AI Risks

A piece of legislation in Illinois addresses a pressing concern for musicians in Illinois – the rise of digital replicas that impersonate their unique voices and likenesses without consent.

Advocacy/Mar 20, 2024 - 01:48 pm

The Recording Academy continues to work across the country to protect creators from being exploited or manipulated by artificial intelligence (AI).

Last week, attention was focused on the Illinois General Assembly, where hearings in both the House and Senate dove into HB 4875/SB 3325, critical legislation protecting the right of musicians and artists to control their image, likeness, and voice.  The legislation, which has been championed by the Recording Academy since its inception, is sponsored by Rep. Gong-Gershowitz and Senator Edly-Allen and seeks to address the challenges posed by AI for creatives.

Among the witnesses who testified at the two hearings were Recording Academy Chicago Chapter Board Members Jeff Becker and Dani Deahl. Becker is an attorney and Chair of the Entertainment and Media Law Practice Group at Swanson, Martin & Bell and Deahl is a prominent artist, DJ, and producer based in Chicago.

HB 4875/SB 3325 represents a crucial step towards modernizing Illinois's Right of Publicity Act for the AI era. By granting additional enforcement rights and remedies, the bill aims to shield musicians from exploitation by generative AI systems. While existing copyright laws offer some protection, the amendments directly address gaps in safeguarding an artist's name, image, likeness, and voice.

During his testimony, Becker emphasized the urgency of updating existing laws to accommodate the rapid advancements in technology. He expressed, "As technology has evolved, our law must adapt to keep up. Specifically, artificial intelligence has provided new ways for people to have their image, likeness, and voice exploited in a manner that our current law didn't contemplate."

Deahl echoed these sentiments, emphasizing the importance of safeguards to prevent the abuse of AI technology. "As we embrace AI's potential, we must also be prepared for the risks it presents that are already here. The clearest example of these risks is the ability of AI to steal people's images and voices. I myself have had the unsettling experience of hearing my voice replicated by AI, delivering messages I never endorsed. This violation of identity is a profound invasion of personal autonomy."

The legislation addresses a pressing concern for musicians in Illinois – the rise of digital replicas that impersonate their unique voices and likenesses without consent. This phenomenon poses a significant threat to artistic integrity and individual rights.

"Nothing is more fundamental to each of us than our identities, and everyone should have the right to decide what words come out of their mouths and how their likeness is used," Deahl remarked.  

During questioning in the House hearing for HB 4875, Becker clarified the legislation stating, "The violation is utilizing technology to imitate somebody else. If you're trying to sound like somebody else and make money selling music sounding like that other person, that's the violation." 

The bills received overwhelming support in both committees and will next move to the House floor for a vote by the full Illinois House of Representatives.

Illinois boasts a rich and diverse music community, contributing significantly to the state's cultural and economic landscape. With nearly 65,000 jobs supported by the industry and a GDP contribution exceeding $4 billion annually, the stakes for protecting artists' rights are high. From iconic venues to world-renowned festivals like Lollapalooza, Illinois has nurtured legendary talents and continues to be a hub of musical innovation.

Join the Recording Academy in supporting the passage of HB 4875/SB 3325, a critical piece of legislation to safeguard the integrity and rights of Illinois musicians. Send a message to Illinois lawmakers through our action center. Your support has the opportunity to ensure artists remain in control over their identities and creative output in the age of AI.

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

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

Photo: Montana Miller

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

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

Advocacy/Mar 11, 2024 - 05:52 pm

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

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

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

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

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

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

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

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

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

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

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

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

The State Of The ELVIS Act: Inside Nashville Hearings & Advocacy Day To Protect Artists’ Likenesses

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

Photo: Maury Phillips

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

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

Advocacy/Feb 15, 2024 - 11:00 pm

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

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

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

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

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

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

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

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

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

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

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