"We're finally getting it done" — Conversations In Advocacy #39

On Oct. 11 at the White House, President Trump signed the Orrin G. Hatch-Bob Goodlatte Music Modernization Act (MMA) into law. The historic signing ceremony was attended by musicians Jeff Baxter, Kid Rock, Mike Love, MercyMe, Sam Moore, Craig Morgan, John Rich, members of Congress including Bob Goodlatte (R-Va.) and Darrell Issa (R-Ca.), Orrin Hatch (R-Utah), Chris Coons (D-Del.) and Sheldon Whitehouse (D-R.I.), Commerce Secretary Wilbur Ross, and our own Recording Academy President/CEO Neil Portnow. President Trump gave special thanks to Portnow and concluded, "We're finally getting it done!"

"With the president's signature today, the Music Modernization Act is officially the law of the land," said Recording Academy President/CEO Neil Portnow. "As we celebrate the harmony and unity that got us here, we applaud the efforts of the thousands of performers, songwriters, and studio professionals who rallied for historic change to ensure all music creators are compensated fairly when their work is used by digital and satellite music services. We thank the members of Congress who championed this issue throughout the past several years to bring music law into the 21st century."

After years of effort leading up to this major reform of copyright law for the digital age, celebrating the occasion includes looking back while looking ahead — gratitude for unprecedented unity by industry stakeholders, deep satisfaction that a unanimous Congress worked together in a bipartisan manner to craft the law, and excitement looking ahead to marketplace incentives that will soon be put in place, making life more fair for those who rely on music for their livelihoods.

The stage was set for this turning point once the House of Representatives — having passed their version of the MMA previously — voted unanimously for final passage of the Senate's legislation, which absorbed solutions from the House bill during the Senate's drafting of their own version. To celebrate the occasion, the Recording Academy Membership's 12 Chapters across America raised their glasses in unison last week in a  #ToastToMusic.

In three major "titles," the MMA has benefits for everyone. The first title includes the "willing buyer/willing seller" rate-setting standard, helping both artists and songwriters, governing determinations for online royalties made by the Copyright Royalty Board. This also means songwriter organizations such as ASCAP and BMI will be in an improved negotiating position to secure rates that are fair in the future. Songwriters will also benefit from the mechanical licensing collection entity created by the MMA, which plans to leverage modern digital tech to administer digital rights with unprecedented transparency.

The second title closes the pre-1972 loophole that excluded legacy performers of iconic American recordings from compensation for online streams. Artists benefit from its solutions which were previously introduced by the CLASSICS Act.

The third title welcomes producers and engineers into the language of copyright law for the very first time, reflecting in statute the critical contributions these studio professionals continue to make every day. This overdue recognition was first introduced in the AMP Act.

Even internet associations and digital activists have found reasons to celebrate the balanced copyright reform package embodied in the MMA, for example its clearing the way for historic Orphan Works to reach the public in unfortunate cases where creators cannot be identified. Also, the MMA's new platform for music business will end long-standing conflicts that led to lawsuits, eating up years in the courts and costing millions of dollars to litigate.

For all music fans, including the creators in our membership, access to modernized, transparent data will change the way we all learn what's out there for us to listen to, as well as what others are listening to. Thanks to the copyright reform work of industry professionals, lawmakers and outspoken advocates for music from every background, all of us can look forward to new tools and innovations given a firm basis in data.

Looking ahead, Recording Academy Advocacy work on behalf of music's many creatives and professionals will continue, year round, building on this new platform of modernized copyright to lobby for additional improvements not included in the MMA omnibus. Our District Advocate day with its focus on local action will be here soon, on Oct. 24. Thousands of our members participate in "the nation's largest grassroots advocacy movement for music." The pride and gratitude inspired by today's turning point will no doubt still feel fresh.

Thank Your Lawmakers For Completing This Historic Achievement

Over the past couple of weeks, the music community has lost two formidable advocates and friends of the Recording Academy: Rep. Sheila Jackson Lee and Abdul “Duke” Fakir. Both were passionate champions for creators' rights and made significant contributions to the music ecosystem, leaving it better than they found it. Their legacies will continue to inspire future generations of music advocates.

Sheila Jackson Lee

For nearly 30 years, Rep. Sheila Jackson Lee championed music policy on Capitol Hill. Sworn into the House of Representatives in 1995 to represent Texas’ 18th congressional district, which includes much of inner-city Houston, she was known for her strong advocacy on civil rights, healthcare, education, and social justice issues. Jackson Lee's influence extended to the House Judiciary and Homeland Security Committees, and her legislative efforts significantly impacted music activism, artists' rights, and fair compensation in the digital age.

A reliable champion for the Recording Academy’s Texas chapter, Jackson Lee frequently met with members both in their districts and on Capitol Hill. She collaborated with the Recording Academy to help immortalize the legacy of gospel music and was instrumental in various legislative initiatives:

• In 2017, Jackson Lee reestablished the long-dormant Congressional Jazz Caucus, advocating for the economic and cultural development of the jazz community.

• She introduced The National Jazz Preservation, Education, and Promulgation Act, aiming to preserve knowledge and promote education about jazz in the United States and abroad.

• Jackson Lee introduced H.Con.Res 370, designating September as Gospel Music Heritage Month. She noted, “Gospel music is a historical American art form that has spanned hundreds of generations and both inspires and entertains across racial, ethnic, religious, and geographic boundaries. We must officially recognize the great contributions to American culture that have derived from the rich heritage of gospel music and its artists.”

• An original cosponsor of the Music Modernization Act (MMA), Jackson Lee supported the legislation that updated copyright law, making it easier for artists to receive royalties from streaming services and ensuring more accurate payments to songwriters and producers.

Abdul “Duke” Fakir

Abdul "Duke" Fakir, born on December 26, 1935, in Detroit, Michigan, was a celebrated American singer best known as a founding member of the legendary Motown group The Four Tops. Known for hits like "I Can't Help Myself (Sugar Pie Honey Bunch)" and "Reach Out I'll Be There," The Four Tops played an instrumental role in shaping R&B music. Fakir, the last surviving original member of The Four Tops, ensured the group’s legacy endured in the music industry. His career spanned over six decades, earning numerous awards and accolades, including induction into the GRAMMY Hall of Fame in 1998 and receiving a GRAMMY Lifetime Achievement Award in 2009.

Fakir's advocacy work was incredibly impactful:

• Serving on the Artist Rights Alliance’s Music Council, Fakir fought for an economically fair digital landscape for creators.

• In 2017, Fakir joined the Recording Academy in Washington for GRAMMYs on the Hill, advocating for music licensing reform.

• Fakir was a fierce advocate for performance rights for sound recordings broadcast on AM/FM radio. In 2016, he joined with the musicFIRST Coalition in D.C. to advocate for the Fair Play Fair Pay Act, which would establish a performance right for artists on radio.

• He was also a leader in calling on Congress to  fix the pre-72 loophole, which was addressed by the passage of the Music Modernization Act in 2018. Prior to the MMA, sound recordings released before 1972 did not receive any digital royalties. Since the passage of the MMA, legacy artists like Fakir and their estates have begun to receive fair compensation for their classic works played by services like SiriusXM and Pandora.

During GRAMMYs on the Hill in 2017, Fakir told WTOP News, "Ever since [we first started having records] I’ve been fighting for performance rights, not just for me, a singer, but for musicians, for everyone who’s on the record...they’re all a part of the creation.”

As we remember Rep. Sheila Jackson Lee and Duke Fakir, we honor their contributions and unwavering commitment to the music industry. Their legacies will continue to resonate, inspiring future generations of music advocates to carry forward their mission for a fair and equitable music ecosystem.

In a landmark victory for songwriters, the U.S. Copyright Office issued a new rule on July 10 that ensures songwriters who reclaim their works from their publishers will also receive streaming royalties for those works through The Mechanical Licensing Collective (MLC).

Recording Academy CEO Harvey Mason Jr. spoke on the ruling: "After years of engagement and activism on this issue, the Academy applauds the Copyright Office for protecting the rights of songwriters and affirming their ability to receive appropriate compensation after reclaiming their copyrights. We also thank our friends in the music community for their partnership and collaboration as we fought for this important victory."

Songwriters often sign over the copyright to their music to publishers who then promote, license, and monetize their work. By law, songwriters have "termination rights" which allow them to end their publisher agreement and regain their copyrights after a period of time under certain conditions. 

However, the MLC — which administers a blanket license for streaming platforms to use songs — initially determined that royalties generated from streams would continue to go to the license holder at the time a song is uploaded to a streaming service rather than to the current copyright owner at the time a song is streamed. 

Starting back in 2020, the Recording Academy, along with other songwriter groups, opposed this practice as it undermined the purpose of termination rights, which exist to level the playing field for songwriters and other creators who may have entered into unfavorable deals. 

Since 2020, the Recording Academy held multiple ex parte meetings with the Copyright Office to discuss the impacts of the MLC's determination, and submitted formal comments and reply comments throughout the Office's rulemaking proceedings.

In stating its position, the Academy argued its belief that termination rights are among the most important protections that songwriters, artists, and other creators have for their work. The Academy also urged the USCO to avoid weakening or infringing on these protections. 

The U.S. Copyright Office has since agreed with the Recording Academy and deemed the MLC's decision an "erroneous" rule, stating that if a songwriter reclaims the copyright to their music, they should receive the royalties. And after multiple years of rulemaking, the Copyright Office published a final rule last week directing the MLC to distribute royalty payments in accordance with the Copyright Act.

The rule:

• Directs the MLC to make future royalty payments to the copyright holder at the time a stream is played.

• Directs the MLC to engage in a "corrective adjustment" process to address any overpayments made due to the erroneous rule. 

The Recording Academy is proud to champion ownership rights for songwriters and to amplify the voices of small creators. For more information about the new rule, visit here.

Watch: House Judiciary Subcommittee Holds "Radio, Music And Copyrights: 100 Years Of Inequity For Recording Artists" Hearing

On July 9, the Recording Academy, in coordination with the National Independent Venues Association (NIVA), participated in the Fix the Tix Day of Action, which aims to ban fake tickets, deceptive marketing, and hidden costs. This joint push mobilized industry organizations, professionals and fans alike to urge lawmakers to pass the Fans First Act.

Backed by the Recording Academy and introduced by GRAMMYs On The Hill honorees Sen. Amy Klobuchar (D-MN) and Sen. John Cornyn (R-TX), the Fans First Act is the most comprehensive reform undertaken to improve the concert ticket marketplace for consumers.

About the Fans First Act, Recording Academy CEO Harvey Mason jr. said: "With the introduction of the Fans First Act today, the Recording Academy applauds Senators Klobuchar, Cornyn, Blackburn, Luján, Wicker and Welch for taking this important step towards comprehensive ticketing reform.

"As we work together to improve the ticket marketplace," he added, "we urge Congress to act on this bill quickly and continue its effort to protect both artists and fans by increasing transparency and limiting bad actors that take away from the joyous experience of live music."

The Fans First Act requires ticket sellers to disclose and itemize fees upfront, prohibits the use of bots to purchase tickets online and requires sellers to refund consumers the full ticket price if the event is canceled. It also penalizes deceptive marketing tactics — like fake websites — that trick consumers into paying more for tickets that may never get them into a show.

Finally, it prohibits the use of speculative tickets. Also known as "specs," these are tickets that a seller claims they possess but do not actually possess. A new case study across five independent venues in the Washington, D.C. area shows that in 2024, 73,000 speculative tickets have been listed for resale at these venues, totaling an estimated $49 million in potentially fraudulent sales.

The Recording Academy is advocating for Congress to listen to the artists on the stage and pass the Fans First Act to protect consumers, elevate creative economic development, and restore trust in the ticketing experience for fans and artists. 

Click here to take action — and keep watching our Advocacy page for updates on how the Recording Academy fights for all music people!

Watch: House Judiciary Subcommittee Holds "Radio, Music And Copyrights: 100 Years Of Inequity For Recording Artists" Hearing

On Wednesday, June 26, the House Judiciary Subcommittee on Courts, Intellectual Property, and the Internet held a hearing titled "Radio, Music, and Copyrights: 100 Years of Inequity for Recording Artists." The aim of this hearing was to examine an injustice affecting the music community: creators not receiving royalty payments for public broadcasting of their sound recordings on terrestrial radio.

The hearing explored the legislative proposal, the American Music Fairness Act of 2023, which would require a license for broadcasting sound recording via AM/FM radio, and ensure that music creators receive compensation for their work no matter the platform. You can watch the deliberations below:

The hearing witnesses included country legend Randy Travis, who boasts seven GRAMMYs and 16 nominations; Curtis LeGeyt, the President and Chief Executive Officer of the National Association of Broadcasters; Michael Huppe, the President and Chief Executive Officer of SoundExchange; and Eddie Harrell Jr., the Regional Vice President and General Manager of Radio One, Inc., in Cleveland.

As Travis had a stroke 10 years ago that limits his ability to speak, his wife, Mary Travis, testified on his behalf. Her testimony wrapped with, "We ask your help in righting the wrong… ensure that artists are paid for their work, their identity is theirs alone, and the soundtracks of our lives continue to play on… Forever and Ever, Amen!" evoking one of her husband's most iconic tracks. 

The Recording Academy is a long-term proponent of the American Music Fairness Act. Sponsored by Rep. Darrell Issa (R-CA) and Rep. Jerry Nadler (D-NY), the AMFA is a balanced solution that ensures music creators are fairly compensated when their songs are played on AM/FM radio, but with carefully crafted exemptions to protect small and local broadcasters.

During the hearing, several members of the subcommittee expressed strong support for the American Music Fairness Act, and many encouraged the radio industry to work with artists and record labels on reaching a solution to end the century-long injustice.

The bill recognizes the property rights of creators, while supporting community broadcasters across the United States. For close to a century, performers, musicians, and studio professionals have been denied the basic right to receive compensation for their work when their music is played by AM/FM radio.

From the foundational performers of the past to today's iconic stars and the thousands of indispensable backing vocalists, instrumentalists, producers, engineers, and mixers, precisely zero dollars have gone to the creators behind the music played on the radio. 

To make matters worse, the United States is one of the only countries in the world– a distinction it shares with countries like Cuba, North Korea,and Iran–  where this inequity exists, costing artists hundreds of millions of dollars in lost reciprocal royalties overseas in addition to the royalties that aren't paid at home. 

The Recording Academy has been championing this issue for almost two decades — and they're far from alone. In December of 2022, during the 117th Congress, identical legislation passed out of the House Judiciary without any recorded opposition — just another reason why the Recording Academy has faith that the AMFA has legs.

Click here for ways to support the American Music Fairness Act and get involved in the advocacy for music creators, and stay tuned for more information about the Academy's continued fight for all music people.

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