Recording Academy And U.S. Congress Leaders Announce The Reintroduction Of The Restoring Artistic Protection (RAP) Act, Leading The Federal Effort To Limit The Use of Song Lyrics In Court And Legal Cases
A group photo during GRAMMYs on the Hill Advocacy Day 2023 on April 27 in Washington, D.C.

Photo: Courtesy of Recording Academy ® | Photo by Paul Morigi by Getty Images © 2023

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Recording Academy And U.S. Congress Leaders Announce The Reintroduction Of The Restoring Artistic Protection (RAP) Act, Leading The Federal Effort To Limit The Use of Song Lyrics In Court And Legal Cases

Following the 2023 GRAMMYs on the Hill Awards, Recording Academy leaders and members joined Congressmen Hank Johnson (D-GA) and Jamaal Bowman (D-NY) in Capitol Hill to announce the reintroduction of the Restoring Artistic Protection (RAP) Act.

Advocacy/Apr 27, 2023 - 06:52 pm

Today, Recording Academy leaders and members joined Congressmen Hank Johnson (D-GA) and Jamaal Bowman (D-NY) at a press conference on Capitol Hill to announce the reintroduction of the Restoring Artistic Protection (RAP) Act. Intended to protect artists' freedom of creative expression, the RAP Act would limit the use of song lyrics in court — a common practice that disproportionately affects rap and hip-hop artists. Artists and industry advocates, including Recording Academy CEO Harvey Mason jr. and Recording Academy Board of Trustees Vice Chair and Black Music Collective Chair Rico Love, shared their views on the importance of passing this legislation and ensuring all artists can create freely without fear of their work being criminalized. Watch the full press conference below.

The announcement comes on the heels of the Recording Academy's Annual GRAMMYs on the Hill, a two-day event that honored 13-time GRAMMY winner Pharrell Williams, Senate Majority Leader Chuck Schumer, and Senator Bill Cassidy for their stalwart support of music creators and connected music creators with members of Congress from both sides of the aisle to advocate for the RAP Act, the Help Independent Tracks Succeed (HITS) Act, the American Music Fairness Act (AMFA), and reform of the live event ticketing marketplace.

"GRAMMYs on the Hill has been bringing music creators to Capitol Hill for more than 20 years to elevate policy issues that impact our community. Today, we're proud to see our Academy members' commitment to advocacy come to life with the reintroduction of the Restoring Artistic Protection Act. We must safeguard artists' freedom to create at all costs and work to eradicate the biases that come with the unconstitutional practice of using lyrics as evidence. We are grateful to Congressmen Johnson and Bowman for their unwavering commitment to music people and look forward to working alongside them to advance this issue." – Harvey Mason jr., CEO, Recording Academy, and Rico Love, Chair, Recording Academy Black Music Collective

"This legislation is long overdue," Congressman Johnson said. "For too long, artists – particularly young Black artists – have been unfairly targeted by prosecutors who use their lyrics as evidence of guilt, even though there is no evidence that the lyrics are anything more than creative expression. When you allow music and creativity to be silenced, you're opening the door for other realms of free speech to be curtailed as well. The government should not be able to silence artists simply because they write, draw, sing, or rap about controversial or taboo subjects. The Restoring Artistic Protection Act (RAP Act) would protect artists' First Amendment rights by limiting the admissibility of their lyrics as evidence in criminal and civil proceedings."

"Rap, hip-hop and every lyrical musical piece is a beautiful form of art and expression that must be protected," said Congressman Bowman Ed.D. "I am proud to introduce the RAP Act alongside Rep. Hank Johnson. Our judicial system disparately criminalizes Black and Brown people, including Black and Brown creativity. For example, Tommy Munsdwell Canady is a young 17-year-old kid serving a life sentence whose conviction heavily relied upon lyrics he wrote. I was deeply moved to hear that Mr. Canady continues to pursue his art in the face of our carceral systems that would otherwise stifle Black art. He is not an outlier. Evidence shows when juries believe lyrics to be rap lyrics, there's a tendency to presume it's a confession, whereas lyrics for other genres of music are understood to be art, not factual reporting. This act would ensure that our evidentiary standards protect the First Amendment right to freedom of expression. We cannot imprison our talented artists for expressing their experiences nor will we let their creativity be suppressed."

There are over 500 documented cases since the 2000s where prosecutors have used lyrics as criminal evidence in court against an artist defendant. A 2016 study by criminologists at the University of California examined whether rap lyrics are evaluated using stereotypes and found that rap was evaluated more negatively than other genres of music, highlighting the possibility that bias against rap lyrics could inappropriately impact jurors when admitted as evidence to prove guilt. To right this wrong, the Recording Academy has spearheaded efforts to protect the First Amendment rights of artists nationwide by working to limit the use of an artist's lyrics — among other forms of creative expression — as evidence in criminal proceedings.  

On Sept. 30, 2022, California Governor Gavin Newsom signed the Decriminalizing Artistic Expression Act into law alongside Recording Academy CEO Harvey Mason jr. at a virtual bill signing.

This year, the Academy is working to advance similar legislation in several states, including Louisiana, where HB-475 passed a House vote on April 25; Missouri, where HB-353 recently advanced to the House for a vote; and in New York, where a similar bill passed through the Senate in 2022.

Inside GRAMMYs On The Hill 2023: How The Recording Academy Will Fight For Creator's Rights

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

The State Of The ELVIS Act: Inside Nashville Hearings & Advocacy Day To Protect Artists’ Likenesses
(L-R) Mitch Glazier, Todd Dupler, Natalie Grant, Alicia Warwick, and Jackie Krimmel Jones attend ELVIS Act Advocacy Day at the Cordell Hull State Office Building on February 27, 2024, in Nashville, Tennessee.

Photo Credit: Jason Davis/Getty Images for The Recording Academy

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

Amidst the halls of the Tennessee State Capitol, Recording Academy advocates, lawmakers, and industry leaders gathered for a momentous Advocacy Day, rallying behind the groundbreaking legislation known as the ELVIS Act.

Advocacy/Mar 5, 2024 - 03:03 pm

On Tuesday, Feb. 27th, the State of Tennessee continued to pave the way for pivotal legislation to protect artists' creativity. Supported by the Recording Academy since its introduction by Governor Bill Lee in January. The bill has gained significant momentum throughout the State. Amidst the halls of the Tennessee State Capitol, Recording Academy advocates, lawmakers, and industry leaders gathered for a momentous Advocacy Day, rallying behind the groundbreaking legislation known as the ELVIS Act — Ensuring Likeness Voice and Image Security (HB 2091/SB 2096). 

Two hearings on Tuesday propelled the bill forward with unanimous passage in both the Senate Commerce and Labor Committee and House Commerce Committee. Starting in the House, 9-time GRAMMY nominated singer-songwriter and Recording Academy Nashville Chapter Governor Natalie Grant testified in support of the bill alongside two-time GRAMMY winner and Evanescence co-founder David Hodges, who spoke on behalf of the Nashville Songwriters Association International (NSAI). Later in the day in the Tennessee Senate, 9-time GRAMMY nominated singer-songwriter Matt Maher, also a Governor for the Nashville Chapter, testified with Hodges.  

“It's fitting that this bill is named the ELVIS Act, because Elvis performed so many different types of songs – from love songs to the blues, from pop songs to gospel music,” stated Grant, “but he infused them with his distinct voice, likeness, and personal qualities to create something new. Every individual should have the right to control their unique God-given qualities." 

“AI frauds and fakes can impact everyone,” testified Maher. “False and unauthorized depictions driven by digital technology can destroy relationships, businesses, public trust, livelihoods and legacies. It can also tarnish the legacy of people who’ve spent a life trying to express their faith and serve their communities through their art.” 

In addition to Tuesday’s committee hearings, nearly 60 music advocates, including members of the Recording Academy’s Memphis and Nashville Chapters and representatives from the RIAA and NSAI, met with key legislators throughout the day to build support for the ELVIS Act and stress the critical need to ensure that the identities of artists and all individuals are protected against AI fraud.

All of the organizations and individuals participating in the day of action were united by their common commitment to the Human Artistry Campaign, a broad coalition that promotes the ethical use of AI and understands that it can facilitate — but never replace — the fundamental human nature of our culture. 

The ELVIS Act aims to safeguard the core elements of identity: voice, image, and likeness. At its core, the bill seeks to strengthen Tennessee's existing right of publicity law, extending protections to songwriters, performers, music industry professionals and any individual against the misuse of AI-generated content. In an era where technology can blur the lines between creativity and duplicity, the ELVIS Act is vital to ensure that artists' creative expressions remain authentic and shielded from exploitation. 

As the ELVIS Act inches closer to becoming law, Tennessee stands on the brink of history, poised to become the first state in the nation to enact these comprehensive protections for music creators. The positive outcomes of this week’s Advocacy Day in Nashville serves as a testament to the resilience and unity of the artists and music makers.

To join the Recording Academy in this important fight, send a message to Tennessee lawmakers in support of the ELVIS Act through our action center. Your support helps lead to a future where human creativity thrives.

A Rundown Of Recording Academy Advocacy's Activities During GRAMMY Week 2024