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India Arie

India Arie

Photo: David Crotty/Patrick McMullan via Getty Images

News
Spotify Is Under Fire For Its Treatment of Artists spotify-hot-seat-reason-india-arie-joe-rogan-royalty-payments-fair-compensation

Spotify Is In The Hot Seat: What Is The Real Reason?

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The current controversies surrounding Spotify have resurfaced the long-simmering frustration of many songwriters and musicians about low royalty rates from streaming services
Montana Miller
Morgan Enos
Advocacy
Feb 18, 2022 - 3:18 pm

Spotify may have made its most pivotal acquisition in 'The Joe Rogan Experience,' but it also just experienced its most thunderous controversy. And the firestorm gave artists and songwriters the opportunity to air their long-festering frustrations over the pennies on the dollar they're paid for their life's work — and this is just the latest chapter in a long saga of artists versus streamers.

This year, the United States Copyright Royalty Board will decide the new royalty rates for the mechanical licenses paid to songwriters and publishers—a decision that occurs every 5 years. There is a push from music creators for royalty rates to be changed to 20% of revenue this year from what streaming services are supposed to be currently paying them: 15.1%.  

However, as the Recording Academy pointed out in a recent article, the major streaming services such as Spotify, Apple Music, YouTube (Google), and Amazon Music proposed lowering mechanical rates back down to as low as 10.5 percent — thereby trying to lower the rate they compensate songwriters. Additionally, they wish to redefine what revenue goes towards those royalties — which would generate the lowest amount of royalties paid in 15 years.

"These streaming services have increased the reach of music and certainly promoted a lot of benefit to fans and music lovers," Todd Dupler, the Recording Academy's acting chief advocacy and public policy officer, told The Washington Post. "But the return for the artists and songwriters that are trying to make a living hasn't caught up there yet."

https://twitter.com/ToddDupler/status/1493296920386748417

“These streaming services have increased the reach of music,” said Todd Dupler, @RecordingAcad’s acting chief advocacy and public policy officer. “But the return for the artists and songwriters that are trying to make a living hasn’t caught up” https://t.co/Bx0CpulFJK

— Todd Dupler (@ToddDupler) February 14, 2022

This divide was never as stark as during the pandemic. While the streaming rates aren't make or break for A-list artists, all songwriters and independent musicians deserve fair compensation for their work. Those who rely on tours and in-person events for their living suffered greatly when live music came to a halt. 

And even with concerts starting back up again, the road to recovery is a long one — and receiving fair compensation in the form of increased royalty rates would undoubtedly provide relief.

Said singer India Arie in a recent interview with Trevor Noah on “The Daily Show”, "This is just how it is; this is just what you get paid. But the labels and streaming platforms are making those decisions. And so they're telling you, This is what we've decided, this is what you get."

And as Thomas Gormon of alt-rock band Belly told Business Insider, "The focus initially starts on issues to do with Rogan, but I think what a lot of musicians and artists in our position are trying to do is use that as a way to open the conversation more into labor practices and usage."

Streaming services have invested a lot of money in expanding to podcasting. They are able to do this in part because of the revenue that music streaming has generated for the company. Meanwhile, the artists and songwriters are getting paid minimal amounts for their hard work.

How will this magnification of a longstanding issue pan out as the Spotify controversy heads into the rearview? Keep checking the Recording Academy's Advocacy page for up-to-date news on the fight to fairly compensate all music people for their tireless contributions to the soul of the nation — and world.

Memphis Chapter Gov. Boo Mitchell Testifies As Recording Academy Supporter At House Judiciary Music Hearing

Capitol Steps

(L to R): Kevin Kadish, Harvey Mason jr., Robert Bell, Daryl Friedman, Kendra Foster, Evan Bogart, Jonathan Azu, Jim Lauderdale, and Anna Nalick.

Photo: Paul Morigi/WireImages

News
The S&C Wing Just Held A Town-Hall Meeting: Recap recording-academy-songwriters-composers-wing-town-hall-recap-evan-bogart

The Recording Academy’s Songwriters & Composers Wing Town Hall: Here Were The Insights About Songwriter Royalties & Justice For Music Makers

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The S&C Wing hosted an in-depth discussion about the state of songwriter royalties and changes on the horizon regarding how songwriters are compensated
Montana Miller
Advocacy
Mar 25, 2022 - 12:55 pm

On Mar. 17, the Recording Academy’s Songwriters & Composer Wing held a town-hall meeting for its members to learn more about songwriter royalties and pending changes that will impact how much songwriters earn for their work.

This town hall comes at a crucial time as decisions are being made in Washington this year that will impact all songwriters for years to come. Not only are the Copyright Royalty Board Rate (CRB) Proceedings to decide royalty rates for the next five years occurring this spring, but there is also an ongoing appeal of the 2018 royalty rate decision.

The panelists included Todd Dupler, Acting Chief Advocacy & Public Policy Officer; Evan Bogart, Chair of the Songwriters & Composers Wing and Los Angeles Chapter Trustee; Colin Rushing, President of Duck Road Advisory and former Chief Legal Officer for SoundExchange, and Danielle Aguirre, Executive Vice President & General Counsel of the National Music Publishers’ Association. Together, they discussed the nuances of these court proceedings, how they affect songwriters, and what to expect moving forward.

Per the Copyright Act of 1909, individuals and companies that use music legally have the right to purchase the license to a song as long as they follow the terms of copyright law. This includes purchasing so-called "mechanical rights," or the right to make a copy and distribute somebody’s musical work or song. This is one of the licenses that companies such as Spotify, Apple Music, and Amazon Music use when they stream a songwriter's music on their platforms.

That’s where the CRB comes in. As the panel explained, the board is made up of three judges who decide what that royalty rate is for companies to purchase these rights via a proceeding that takes place every five years. This year, the CRB will meet to decide the rates for the next five years —essentially deciding how much songwriters will get paid when their work is used.

In the last proceedings, which concluded in early 2018, the CRB decided that the royalty rate would increase from 10% to 15.1%-- a 44% increase covering 2018-2022. This time around, the songwriting and publisher community are requesting that the CRB raise the rate to 20% during the 2023 – 2027 period.

However, it is not that clean-cut. As Aguirre laid out, the last rate increase has yet to go into effect. Streaming services — all but Apple Music — have been in the process of appealing the last decision since 2019. As a result, songwriters have been stuck with the 10% royalty rate established nearly a decade ago, which has had an unfair and harmful impact on songwriters whose source of income heavily relies on these royalties.

Bogart, himself an acclaimed songwriter, detailed how tough this appeal has been on songwriters around the country who thought they had secured a pay increase, only to be stuck with an outdated rate for their work. "It feels like — and I think a lot of songwriters feel this way — it feels like we’re pushing a boulder up the hill and then the boulder comes back down again," Bogart said.

As the town hall wrapped up, there was some hope for optimism in the immediate future. The appeal brought on by streaming services is set to come to a decision in the coming months. If a favorable decision is reached, songwriters will get the compensation they missed out on over the last five years.

This would be a silver lining to the fact that they missed out on this pay increase during critical times in our country. Additionally, the CRB is set to hold hearings this summer and could decide on higher royalty rates by the end of this year with those taking effect in 2023.

Once the dates for the CRB proceedings are set, you can find them here. The Academy and its Songwriters & Composers Wing will always fight for fair compensation for all songwriters. Visit the S&C Wing page to learn more about the Wing, and the Advocacy page to learn how to support all music people.

What Songwriters Need To Know About The Next Royalty Rate Decision​

 

Photo of Todd Dupler, Vice President of Advocacy & Public Policy, the Recording Academy

Todd Dupler, Vice President of Advocacy & Public Policy, the Recording Academy

Photo Courtesy of Recording Academy® / Getty Images©

News
Todd Dupler Appointed To Vice President, Advocacy recording-academy-appoints-todd-dupler-vice-president-advocacy-public-policy

Recording Academy Appoints Todd Dupler To Vice President, Advocacy & Public Policy

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In his role, Todd Dupler works with the Recording Academy's leadership to develop policy positions on issues affecting the music community and represents the interests of the Academy's members before Congress and federal agencies
Advocacy
Sep 30, 2021 - 2:21 pm

On Sept. 24, the Recording Academy announced the appointment of Todd Dupler as Vice President of Advocacy & Public Policy, effective immediately. Dupler will report to Chief Advocacy & Public Policy Officer Daryl Friedman, whose title recently updated from Chief Advocacy Officer.

In his role, Dupler works with the Academy's leadership to develop policy positions on issues affecting the music community and represents the interests of the Academy's members before Congress and federal agencies. He also coordinates state and local advocacy with the Academy's 12 regional Chapters. 

Friedman continues to oversee the advocacy division focused on championing creators' rights and elevating important policy issues that stand to affect the music community. He also orchestrates cross-departmental efforts to advance the overall advocacy goals of the Recording Academy.

"I'm thrilled to welcome Todd into his elevated role as Vice President of Advocacy & Public Policy," Harvey Mason jr., CEO of the Recording Academy, said. "His track record for advocating on behalf of music creators nationwide has proven to be invaluable to the music community. As we continue to evolve to better serve the music industry at large, we are excited to see what great work he will lead to ensure fair treatment and compensation for music creators."

Dupler joined the Recording Academy in 2012 and most recently served as Managing Director of Advocacy & Public Policy. He was instrumental in launching the Academy's District Advocate program—the largest grassroots music advocacy initiative of its kind—as well as the GRAMMY Fund for Music Creators, the Recording Academy's political action committee, where he currently acts as the GRAMMY Fund's Treasurer. He has also managed the GRAMMYs on the Hill Advocacy Day for nine years.

Dupler has over two decades of experience in Washington, D.C., and extensive knowledge of Capitol Hill and the legislative process. Prior to joining the Recording Academy, he served on the legislative staffs of two members of Congress and a United States senator, including serving as the legislative director to the chairman of the House Judiciary Subcommittee on Courts, Intellectual Property and the Internet. 

In this role, Dupler helped facilitate negotiations to reform copyright law and was a liaison to stakeholders in the creative industries. In addition, he was also a presidential appointee at the U.S. Department of Labor and has experience in state government.

He is a member of the State Bar of Texas and serves on the board of the Texas State Society of Washington, D.C. He also previously served on the board of the Copyright Alliance. He received a J.D. from the Georgetown University Law Center and a Bachelor of Arts degree in history and political science from Baylor University.

The Recording Academy welcomes Todd Dupler to his new station in the Advocacy department and couldn't be more thrilled to see how he applies his acumen to further support all music creators!

Songwriters & Composers Wing: Celebrating Decades of Advocacy

GRAMMYs

Photo: John Parra/Getty Images

News
Spotify Gives New Meaning To Family Dysfunction spotify-gives-new-meaning-family-dysfunction

Spotify Gives New Meaning To Family Dysfunction

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Summer brings another slight for songwriters from Spotify, as the massive streaming company claims it overpaid them based on its family-plan miscalculations
Todd Dupler
Advocacy
Jun 28, 2019 - 11:41 am

Summer is in full swing, and one of the things I look forward to the most during the summer season is spending more time with my family. And I know I’m not the only one: kids are out of school, parents can take vacations, and life seems to slow down a little bit. Check your social media and you’ll see it – friends are posting photos of family vacations, or of family reunions, or maybe just lazy afternoons with the family at the neighborhood swimming pool. Family.

But summer is also the season of sequels, and after making a big splash this spring by contesting a royalty rate increase for songwriters, Spotify is back with a new blockbuster in their effort to underpay creators that rivals any horror film. And it hinges on that same word: Family.

You may recall that in March, Spotify announced that it would challenge a ruling by the Copyright Royalty Board (CRB) that raised payments to songwriters and publishers by nearly 44 percent, the largest increase for songwriters in the history of the CRB. While that challenge is pending, last week Spotify announced that according to the new, higher rates, it has actually overpaid songwriters.

When establishing the new rate increase, the CRB also provided a discount on the rate for family subscription plans offered by digital streaming services like Spotify. Instead of counting every member of a family as a subscriber, a family plan only counts as 1.5 subscribers. So Spotify went back and recalculated all of its payments since the rates went into effect and decided they want to use the “family discount.”

Businesses use “family discounts” to help make life just a little bit easier for families. A family discount might mean you can all go out to a nice dinner once in a while or stretch your dollar a little further when you take a trip. Similarly, a family subscription plan may make it easier for a family to pay for all the music they listen to, but Spotify has turned the idea on its head to make life harder for the families of working songwriters who rely on the royalties they receive from streaming to make a living.

Think about that for a moment. Spotify has taken an idea that’s intended to help families, and twisted it into something that will punish songwriters and their families. As the Recording Academy’s Daryl Friedman put it, “Spotify’s so-called ‘overpayment’ is simply the latest example of a company seeking to pay as little as possible for the music that drives its business. The irony is that they’re using their ‘family plan’ to justify this move, while the only family plan for songwriters is planning how they can feed their family on Spotify royalties.”

I like to think of the music community as a kind of family too. Songwriters, performers, studio professionals, labels, publishers, and streaming services all come from different places and do different things, but we all rely on each other to thrive and to create and deliver music to fans. After the historic passage of the Music Modernization Act, we demonstrated that when we treat each other like family, we can be successful and achieve things that will benefit everyone. Music creators are eager to keep moving forward, but Spotify insists on extending songwriters a fist instead of an open hand. Spotify must stop reducing songwriters to another cost of doing business and start embracing them like family.

Music Revenue: Where The Money Comes From & Where It Goes

Jimmy Jam & Co 775775104

(L-R) Jimmy Jam, Rep. Ted Deutch, Sofia Carson, Rep. Michael McCaul, and Terry Lewis

Photo: Paul Morigi / Getty Images

News
2022 GRAMMYs On The Hill Awards: Recap grammys-on-the-hill-awards-2022-jimmy-jam-terry-lewis-sofia-carson-yolanda-adams-amy-klobuchar-recap

How The 2022 GRAMMYs On The Hill Awards Brought Joy, Healing & Reverence For Music People

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Featuring key congresspeople and leading lights in the music community, the 2022 GRAMMYs On The Hill Awards was in equal parts celebratory and impactful toward the fight for creators' rights for all music people.
Morgan Enos
Advocacy
Apr 28, 2022 - 12:21 pm

Just before a performance where Jimmy Jam played an enormous keytar and Sen. Amy Klobuchar playfully shook a maraca, Jam laid down his stone-cold genuine feelings about his chosen artform. "Music is the divine art," he told the crowd at the packed GRAMMYs On The Hill Awards ceremony in Washington, D.C., on Wednesday, April 27, as they munched on dinner and dessert and enjoyed an open bar. And he meant it.

"Imagine a life without music," the five-time GRAMMY-winning producer continued. "It would be like breathing without oxygen. It would be like thirst without water. It would be life without the aural sustenance in our souls." Fellow five-time GRAMMY winner Terry Lewis, his decades-long partner who together form the legendary duo Jimmy Jam and Terry Lewis, who were this year's artist honorees at the GRAMMYs On The Hill Awards, concurred: "This is the thing that God gave us to pull us together."

This balance between tireless work and divine play — a bunch of musicians jamming out a few blocks away from the hub of U.S. democracy — epitomized the vision of the GRAMMYs On The Hill Awards, Washington, D.C.'s premier annual celebration of music and advocacy. On the surface, it seemed to simply be musicians having a ball with lawmakers, connecting the spheres of music and politics. But there was nothing at all frivolous or superficial about the intent, as encapsulated in Ledisi's passionate question in her performance: "What can be higher than this?"

Much like MusiCares, the Advocacy division of the Recording Academy is predicated on helping music people in need — in this case, creators and artists who aren't fairly compensated for their labor. This happens to songwriters and music creators, who are regularly financially neglected, too often.

At this year's GRAMMYs On The Hill Awards, which celebrates its 20th anniversary this week, this urgent issue was front and center. 

Watch: Inside GRAMMYs On The Hill 2022

Recording Academy CEO Harvey Mason jr. is one of music's most vocal advocates for fair compensation for creators. A GRAMMY-nominated songwriter and producer by trade, he knows the inner workings of the music business.

"You have to remember, I'm a songwriter," Mason jr. said in an interview on the red carpet at the 2022 GRAMMYs On The Hill Awards. In his experience, he's been paid for his songwriting work. But the landscape is increasingly tilting toward exploitation of his peers. "To get paid $7,000 or $10,000 is not acceptable," he continued. "So that's something I'm very passionate about — in my experience, but also knowing what it takes to be successful."

Other songwriters at the event also echoed this sentiment: Whitney Phillips, Lupita Infante, Emily Warren, Nnenna Freelon, Gramps Morgan, Autumn Rowe, and Emily Bear, the latter three of whom have won GRAMMYs. Although they spoke individually, they came together for a collective higher purpose: a path toward fair treatment and fair compensation for music people, especially after a detrimental pandemic, that can no longer wait. (Gospel singer Yolanda Adams, rappers Bun B and Cordae, gospel group Take 6, and singer/actress Sofia Carson also performed at and/or attended the event.)

"They asked for me to come out here and speak and advocate, and it was a no-brainer for me," Phillips said. "I think what's most frustrating about the songwriter experience is that nobody has known what to do, what to say, who to talk to — what's going to be the most effective way to get this message across that we need to be fairly compensated."

DJs Amira and Kayla performing at GRAMMYs On The Hill

DJs Amira and Kayla performing at the 2022 GRAMMYs On The Hill Awards. Photo: Paul Morigi / Getty Images

Infante, the granddaughter of Mexican ranchera legend Pedro Infante, agrees — and this reality compelled her to become a brand-new Advocacy participant. "I think my music genre is a little bit incoming; I do Mexican music, and there's a big community out there," she says. "I think it's important to have that music protected."

Warren, who co-wrote Dua Lipa's GRAMMY-nominated hit "Don't Start Now," initially tried to highlight advocacy for music people via online posts, but she hit a wall. "I think people don't understand what the [pay] rate is for [music] streaming — why it is that way, what the history of that is, and why it's so hard to change," she says. "I think just making it simple and educating people so they know what to ask for and what they deserve [is important]."

Jazz luminary Nnenna Freelon, who was most recently nominated for a GRAMMY for Best Jazz Vocal Album at the 2022 GRAMMYs, boils it down to eternal family lessons. "What did grandma say? 'Actions speak louder than words,'" she says. "Often, people don't think of the material value of the creation as anything that should be compensated," she added, speaking of the often-invisible role of the songwriter.

Reggae master Gramps Morgan articulates the problem less in terms of dollar signs than of sheer visibility. "If you're not acknowledged, it makes you feel bad," he says. And when he does discuss financial compensation, it's more in terms of the overall system than of applying Band-Aids: "The last time these laws were changed was in the '40s. Now it's time to, as the music has changed and moved forward."

Sofia Carson performing at GRAMMYs On The Hill 2022

Sofia Carson performing at the 2022 GRAMMYs On The Hill Awards. Photo: Paul Morigi / Getty Images

As singer/songwriter, DJ and activist Rowe puts it, "I got involved with Advocacy, because how can I not? If not, I'm just sitting at home complaining about why things are the way they are." She connects this to our era of no-skin-in-the-game online activism: "You can post all day, you can tweet all day, but you've got to really get out there and get with the people that can actually change your life."

Bear, a pianist straddling the spheres of classical and jazz, says she feels like she regularly gets "the short end of the stick" when it comes to compensation. "I've seen and felt firsthand in the streaming industry era how we can't make a living right now." What of her talented friends? "They have to go back and move in with their parents," Bear laments, "because all of a sudden, touring was gone."

How did these sentiments bear out at the actual GRAMMYs On The Hill Awards ceremony? Through passionate performances and gripping speeches. The 2022 GRAMMYs On The Hill Awards celebrated artist honorees Jimmy Jam and Terry Lewis for their decades of creating iconic songs from artists like Janet Jackson, Mary J. Blige, Mariah Carey, and Boyz II Men, as well as Rep. Ted Deutch (D-Fla.) and Rep. Michael McCaul (R-Texas) for their leadership in supporting the rights of music creators. Despite political party lines, a fierce devotion to music binded them all as friends and colleagues last night.

Rep. Deutch, who spoke first, is the lead Democratic sponsor for the American Music Fairness Act, which, if passed, would pay royalties to artists and producers when their music is played on the radio. (If you didn't know this is a problem, read about it — you'll never listen to the radio the same way again.)

Harvey Mason jr. speaking at GRAMMYs On The Hill 2022

Recording Academy CEO Harvey Mason jr. speaking at the 2022 GRAMMYs On The Hill Awards. Photo: Leigh Vogel / Getty Images for The Recording Academy

"Our nation must nourish the songwriters struggling to make a living and support the producer and artist working in studios with the next potential hit," Deutch said in his riveting acceptance speech. And we do this, he declared, by making sure technology operates equitably to properly compensate creators. Proving his passion is on the line, he proclaimed his decades-long love for Bruce Springsteen, Faith Hill, and the greats of Motown, among other artists.

McCaul has co-sponsored key legislation like the Help Independent Tracks Succeed Act (HITS Act), which updates the federal tax code to bring in line music production with other industries and create parity. He noted that his big-band-loving parents were confused by his love of AC/DC and the Who — and he now feels the same about his kids' obsession with hip-hop. But it's all music, Rep. McCaul said in his acceptance speech — and it adds up to an intergenerational mode of expression.

The night also featured speeches from Todd Dupler, Acting Chief Advocacy & Public Policy Officer at the Recording Academy, as well as Recording Academy Board Of Trustees Chair Tammy Hurt, GRAMMY-winning singer/songwriter Jon Secada, and others.

But what ultimately bridged the music and congressional universes at the GRAMMYs On The Hill Awards? The music, of course: an opening performance of the national anthem with mind-bending harmonies by Take 6 and spectacular performances by Ledisi and Co-Chair of the Recording Academy's National Advocacy Committee and four-time GRAMMY winner Yolanda Adams. And to boot, the house band for the night was composed of Recording Academy members from various Chapters across the country.

By the time everyone in the house got on their feet and the stage erupted into a dance party while Adams performed "Open My Heart," the message of the 2022 GRAMMYs On The Hill Awards was abundantly clear: material change beats big talk any day. It's exactly what GRAMMYs on the Hill has advocated and accomplished: Over the past 20 years, the annual event has led to several major legislative wins for the music industry, most notably the Music Modernization Act in 2018.

And as long as that change is charged with a genuine love of music and music people, nothing can stop that righteous tide.

An Inside Look At The Recording Academy's Congressional Briefings During GRAMMY Week

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Some of the content on this site expresses viewpoints and opinions that are not those of the Recording Academy and its Affiliates. Responsibility for the accuracy of information provided in stories not written by or specifically prepared for the Academy and its Affiliates lies with the story's original source or writer. Content on this site does not reflect an endorsement or recommendation of any artist or music by the Recording Academy and its Affiliates.