"The goal of the antitrust laws is to protect economic freedom and opportunity by promoting free and fair competition in the marketplace. The decades-old consent decrees now have the opposite effect." –from Comments of the Recording Academy on review of the ASCAP and BMI consent decrees, Conversations In Advocacy #62

For more than 75 years (!),consent decrees have governed the process by which performing rights organizations ASCAP and BMI license rights to publicly perform music. What does this mean, exactly? Despite seismic changes the music industry has undergone in seven-plus decades, musicians are compensated for public performance under the same constraints as they were when Franklin D. Roosevelt was president. Does that make sense in an era dominated by large digital music services, and not record players?

That’s just what the Department Of Justice intends to figure out, announcing earlier this summer their Antitrust Division will review the consent decrees with ASCAP and BMI. In the spirit of urging the DOJ to update the policies to reflect the modern music and technology ecosystem, the Recording Academy has now officially filed comments expressing its views and concerns.

After 75 years, @TheJusticeDept plans to take a modern look at the consent decrees governing how the PROs compensate #songwriters for public performances.https://t.co/xiJDIQIq9d

— GRAMMY Advocacy (@GRAMMYAdvocacy) June 7, 2019

The extensive comments question the utility of the consent decrees in the 21st century, which now benefit the world’s largest and most profitable companies at the expense of fair market pay of individual songwriters. Basically, the evolution of the music ecosystem over the last 75 years has diminished the effectiveness of these consent decrees to help songwriters earn what they deserve.

The Academy worked closely with key stakeholders, including ASCAP and BMI, in drafting the comments to reflect the needs of its songwriter members. While comments from other key stakeholders were filed, the DOJ has yet to publically release any comments.  

In the meantime, the Recording Academy stands with the PROs and the music community in its optimism that the DOJ's Antitrust Division will recognize the need to bring the consent decrees into the 21st century and ensure musicians are properly compensated when their hard work is performed in public. Recently, Assistant Attorney General for the Antitrust Division Makan Delrahim addressed exactly why the consent decrees require a fresh look.

"The ASCAP and BMI decrees have been in existence in some form for over seventy-five years and have effectively regulated how musicians are compensated for the public performance of their musical creations," said Delrahim. "There have been many changes in the music industry during this time, and the needs of music creators and music users have continued to evolve.  It is important for the Division to reassess periodically whether these decrees continue to serve the American consumer and whether they should be changed to achieve greater efficiency and enhance competition in light of innovations in the industry."

This issue will be a top conversation point at the upcoming District Advocate day on Oct. 2. Led by the first-ever District Advocate Ambassador, two-time GRAMMY winner Jason Mraz, the event marks the largest grassroots movement for music advocacy of the year. Recording Academy members will be connected with their member of Congress in hundreds of districts across the country to discuss key issues affecting music makers, including encouraging the DOJ to ensure fair compensation for songwriters during its review of consent decrees. Registration for members and non-members is now open.

We're thrilled to announce that two-time GRAMMY-winner @jason_mraz is the first-ever #DistrictAdvocate Ambassador and will encourage and inspire other @RecordingAcad members and music supporters to join him in this nationwide rally, Oct. 2nd. Learn more: https://t.co/Rjzz4e9V7g pic.twitter.com/3XKY5sX44x

— GRAMMY Advocacy (@GRAMMYAdvocacy) August 13, 2019

By staying vigilant for causes like this that have very real bearing on how music makers are paid for their hard work and creation of intellectual property, the Recording Academy and its members lead the fight for creators' rights year-round in Washington and in local music communities across the nation. As the Antitrust Division reconsiders these long-outdated consent decrees, the Academy hopes its comments and the comments of those stakeholders affected by their decision are taken into the serious account they deserve. After all, a lot has changed in 75 years.

Be A District Advocate: Stand Up and Support Music Creators' Rights

Year round, the Recording Academy works tirelessly to advocate for all music people — but one day is especially important. That's District Advocate Day, whose 2023 iteration rolled around on Oct. 5. Held annually in the fall, this is the largest grassroots advocacy movement for music and its makers.

As with every year, Recording Academy members from across the country visited the local district offices of their elected representatives in Congress to discuss issues affecting the livelihoods of songwriters, performers, and studio professionals.

The key issues for District Advocate Day 2023 were AI (artificial intelligence), protecting free expression, protecting the live music experience for artists and fans, incentivizing new music via tax fairness, and providing a solution for artists' rights on radio.

These were front of mind across nearly 100 meetings throughout the U.S. — from Long Beach, California to Coral Springs, Florida; from Omaha to San Antonio; from Philadelphia to Tupelo. And that just scratches the surface of how the Academy sprung into action nationwide for all music people.

At the Recording Academy's New York Chapter Office in the Murray Hill neighborhood of Manhattan, District Advocate Day kicked off much as it did in 2022. Congressman Jerry Nadler (D-N.Y.), Ranking Member of the House Judiciary Committee, swung by said office to meet up with the New York Chapter.

In the boardroom, Academy members — in a mix of formal and casual getup — got down to brass tacks, and made heartfelt expressions before Nadler.

The discussion of free expression was framed by the Academy-endorsed Restoring Artistic Protection (RAP) Act. As for ticketing, bots were evoked as a major concern.

And regarding AI, guarding name, image, likeness, and intellectual property was of paramount concern. Nadler was receptive to these concerns from the New York Chapter, and offered co-signage to Academy-sponsored bills.

After an all-smiles group photo session in front of the New York Chapter Office — which sported some nifty new Academy-logoed flags — a group reconvened in the boardroom to watch the first-ever GRAMMY Advocacy Conference. This was just one of many such gatherings across the country. As uncertainty in Washington prevented many congressional offices from scheduling meetings, the virtual conference provided another opportunity for Academy members to connect with each other and engage with the issues no matter where they live.

Across the following hour, viewers heard directly from policymakers, industry stakeholders and fellow Academy members about the organization's crucial work in Washington.

The video included a conversation about AI between Todd Dupler, the Chief Advocacy & Public Policy Officer at the Recording Academy, and Mitch Glazier, the CEO of the Recording Industry Association of America.

After a message from U.S. Senator John Cornyn (R-Texas) about the need to overhaul the current ticketing system, Shay M. Lawson, Governor of the Atlanta Chapter of the Recording Academy, introduced U.S. Representative Sydney Kamlager-Dove (Calif.-37) and Torae, the President of the New York Chapter of the Recording Academy.

The three had a frank discussion about the need to safeguard free expression through the Restoring Artistic Protection Act, and Rep. Kamlager-Dove's historic resolution commemorating the 50th anniversary of hip-hop.

On screen, what followed was a conversation between Dupler and Nicole Elkon, the Deputy Assistant Secretary of the U.S. Department of State. This interchange had to do with music diplomacy, a crucial tool in the department's arsenal, and came fresh off the State Department's launch of the Global Music Diplomacy Initiative that the Recording Academy played an instrumental role in developing.  

The final major portion of GRAMMY Advocacy Conference 2023 reflected the Academy's hardworking Songwriters & Composers Wing. The Wing's very own Sr. Managing Director, Susan Stewart, led a conversation with singer-songwriter Alex Hall, and Evan Bogart, the Chair of the S&C Wing.

After a pragmatic and necessary talk about the importance of fair compensation in the streaming age — and navigating the labyrinth of an increasingly complex music landscape —  it was clear to all involved that we do this because we love the music, first and foremost. And with that, members of the New York Chapter filed out into the autumn air, ready to put that shared love into action.

5 Key Issues For District Advocate Day 2023: AI, Live Music, Free Expression & More

Continuing its mission to ensure that music remains an indelible part of our culture around the world, the Recording Academy has partnered with the U.S. Department of State and Secretary of State Antony J. Blinken to help launch the Global Music Diplomacy Initiative, an international initiative that will promote peace, diplomacy and democracy through music worldwide. Using music as a diplomatic tool globally, the initiative will leverage public-private partnerships to create a music ecosystem that expands economic equity and elevates the creative economy, ensures societal opportunity and inclusion, and increases access to education. The Global Music Diplomacy Initiative will also build on existing public diplomacy music programs to create partnerships with American companies and nonprofits to convey American leadership globally and create connections with people worldwide.

The Global Music Diplomacy Initiative also includes the American Music Mentorship Program, a partnership between the State Department and the Recording Academy, which will bring international mid-career music industry professionals and musical artists to the United States for mentorship and networking opportunities. The program will invite Recording Academy professionals and members to provide international participants with mentorship opportunities and professional development.

See a full outline of the Global Music Diplomacy Initiative below.

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Secretary Blinken announced the Global Music Diplomacy Initiative Sept. 27 during a lively celebration at the U.S. Department of State in Washington, D.C. He signaled the start of the inaugural event by highlighting its attendees. "We have a few dignitaries come through this building, but it is a special treat to have so many members of music royalty here tonight," he said excitedly.

The evening engendered a melodic blend of music, peace and policy. The private event featured breathtaking performances from Dave Grohl, Herbie Hancock, Mickey Guyton, Armani White, and many other leading American and international artists. U2's Bono shared a special video message from Las Vegas as well.

Singer/songwriter Aimee Mann performed her 1999 song "Save Me" with the admission that she was "deeply honored but also a bit freaked out to be here."

Perhaps less nervous, Secretary Blinken added that he couldn't "pass up" the one-in-a-lifetime chance to "combine music and diplomacy," as he performed Muddy Water's 1954 classic, "Hoochie Coochie Man."

"If this doesn't clear the house, I don't know what will," Blinken said playfully ahead of his performance.

In addition to the performances, Secretary Blinken and Recording Academy CEO Harvey Mason jr. presented 28-time GRAMMY winner Quincy Jones with the inaugural Peace Through Music Award.

A collaboration between the Department and the Recording Academy, the award recognizes and honors an American music industry professional, artist, or group that has played an invaluable role in cross-cultural exchanges and whose music work advances peace and mutual understanding globally.

"His work, his actions continue to advance peace through music, and I am sure they will for generations to come," Mason jr. said. "It's my true honor to recognize my friend and mentor, Mr. Quincy Jones, as the first-ever recipient of what will now and into the future be known as the Quincy Jones Peace Through Music Award."

Read More: Mogul Moment: How Quincy Jones Became An Architect Of Black Music

The Global Music Diplomacy Initiative was developed pursuant to the bipartisan Promoting Peace, Education, And Cultural Exchange (PEACE) Through Music Diplomacy Act, which was championed by the Recording Academy and its members in 2022 at GRAMMYs On The Hill and during the annual grassroots District Advocate Day. The legislation, introduced by House Foreign Affairs Committee Chairman Michael McCaul (R-Tex.), was passed by Congress and signed into law by President Biden in December 2022.

Here's a complete breakdown of the Global Music Diplomacy Initiative:

• American Music Mentorship Program

The American Music Mentorship Program, a partnership between the U.S. Department of State and the Recording Academy, will bring international mid-career music industry professionals, which may include musical artists, to the United States for mentorship and networking opportunities, with an aim to cultivate a professional music industry ecosystem locally and globally, to support creative talent, and to strengthen the creative economy globally. It will leverage the networks and experience of Recording Academy professionals and members to provide international participants mentorship opportunities, boost their technical skills, and build the foundation for professional networks.  The first American Music Mentorship Program will be held in the fall of 2024.

• Fulbright-Kennedy Center Visiting Scholar Award in Arts and Science

The Fulbright Program, the United States' flagship international academic exchange program, will collaborate with the John F. Kennedy Center for the Performing Arts to create a new fellowship opportunity for foreign scholars.  The new Fulbright-Kennedy Center Visiting Scholar Award in Arts and Science will focus on the intersections of the arts (music, dance, theater, etc.) and science, including how the arts can contribute to individual and global health and well-being, and the environment. An award competition will be announced in fall 2023, and the Kennedy Center will host the first scholar in academic year 2024-25.

• Boosting English-Language Learning Through Music

Recognizing the strategic importance of English-language learning overseas, especially for youth and underserved communities, the Department will incorporate music into its existing $40 million investment in English-language learning worldwide, including through exchanges, curriculum, and scholarships to provide access to English-learning classes for promising students between the ages of 13 and 20.

The Department will augment broader global English-language learning by supporting Sing Out Loud, a program that provides resources for teaching English through music in collaboration with American Music Abroad (AMA), bringing music and lyrics into classrooms across the world.

In addition to the Secretary's announcements, the Global Music Diplomacy Initiative will include vast programming around the world, including:

• Arts Envoys to Travel to the Middle East, People's Republic of China

Herbie Hancock, along with Dee Dee Bridgewater and the Herbie Hancock Institute of Jazz Ensemble at the University of California – Los Angeles (UCLA), will be performing in Jordan in October to celebrate the 60th anniversary of the 1963 Jazz Ambassador tour of the Duke Ellington Orchestra.

The Herbie Hancock tour will then travel to Saudi Arabia for a four-day Arts Envoy program – the first of its kind between the United States and Saudi Arabia.

From November 9-18, 2023, The Philadelphia Orchestra is slated to commemorate the 50th anniversary of its historic 1973 tour of the People's Republic of China (PRC) with Ensemble Performances and Residency Activities in multiple cities in the PRC.

• Ten American Bands to Travel to 30 Countries Starting in October Through American Music Abroad; AMA Academy Cleveland to Host Young Professional Musicians from Ukrainian Diaspora

Beginning in October 2023 and representing multiple genres, Birckhead, The Beatbox House, The Invisibles, Marielle Kraft, Matthew Whitaker, Pipeline Vocal Project, Raining Jane, Sihasin, Sub-Radio, and Tap Music Project will travel to 30 countries from October 2023 through June 2024.

In November 2023, the 2023 American Music Abroad Academy Cleveland will bring together young professional musicians from the Ukrainian diaspora and around the world for collaboration and mentorship opportunities from American instructors with a focus on cultural preservation through music. Learn more about AMA here.

• Next Level to Use Hip Hop in Nigeria, Bring International Artists to the U.S. to Focus on Conflict Transformation

In September 2023, four U.S. hip hop artists focusing on conflict transformation will travel to Lagos for a two-week Next Level Academy.  In addition, 10 international participants will travel to Washington, D.C. and New York, New York for a two-week professional development program on conflict transformation through hip hop. Learn more about Next Level here.

• Scaling Social Entrepreneurship Projects, Strengthening Creative Economy Through OneBeat

From November 6-20, 2023, musicians from Ghana and Nigeria will come together to collaboratively create and discuss how music can bring people together through social entrepreneurship projects, as part of the OneBeat program. Learn more about OneBeat here.

• Harmundi International Music Summit to Welcome Students from Every Continent in November 2023

Virtually connecting more than 60 international students from every continent through music, the Harmundi Summit will provide intense music training, cross-cultural collaboration, studio recording, and live performances under the mentorship of world-class musicians and producers.  The Summit, which will take place November 3-5, 2023, will be led by alumni of the Department's exchanges, and is part of the Department's Citizen Diplomacy Action Fund.  This fund provides grants of up to $10,000 for public service projects that utilize the skills, knowledge, and networks exchange alumni gained through their exchange experiences.

Learn more about the Global Music Diplomacy Initiative.

How Vice President Kamala Harris And The Recording Academy Celebrated The 50th Anniversary Of Hip-Hop: 'Hip-Hop Culture Is America's Culture'

After a yearslong process, the Copyright Royalty Board (CRB) has officially published their determination on Phonorecords III — meaning songwriters will start to receive back pay on royalties they were owed from 2018-2022. 

As the Recording Academy covered earlier this year, the CRB announced a confirmation of the mechanical royalty rate increase from 10.5% to 15.1% for the Phonorecords III period (that covers 2018-2022). Despite that ruling occurring earlier this year, the process was not officially complete until the determination was published this month. 

This is a monumental win for songwriters and composers, who will soon begin to receive the additional owed royalties. To help break down some common questions, the Recording Academy put together a brief FAQ on what this means for songwriters:

How much will songwriters receive?

While the final calculation is not publicly known, some reports estimate that digital streaming services will owe as much as $200 million to songwriters and publishers from Phonorecords III.  

When will songwriters begin to receive the backpay?

Songwriters can expect to begin to receive their share of the owed royalties no later than February 2024 — streaming services have six months from August 10 to make arrangements and payments for the mechanical royalty rates they owe songwriters from 2018 to 2022.

How will songwriters collect the backpay? 

The Mechanical Licensing Collective is expected to pay any owed royalties that were incurred in 2021 or 2022, which is when it was operational following the passage of the Music Modernization Act.

For royalties owed from 2018 to 2020, the digital platforms will be responsible for making proper payments and may contract with a third-party vendor for processing.  

Will there be any oversight to this process?

The U.S. Copyright Office and Congress are monitoring this important process. In addition, stakeholders including the Recording Academy and its Songwriters & Composers Wing will work to ensure that payments are paid properly and timely. 

The Recording Academy has been vocal in advocating for songwriters and composers throughout this entire process and has continually pushed for these artists to receive a fairer royalty rate for their works. 

Now that the determination has been publicly released, payments to songwriters and composers must be done in an efficient and accurate manner.

The Academy intends to continue following the process and advocating for these artists to receive the payments they have earned.  

Songwriters Receive Monumental Victory From Copyright Royalty Board: Here's What The Increase Means For The Music Community

The Recording Academy's District Advocate Day is returning on Thursday, October 5th.

District Advocate Day, the largest grassroots advocacy movement for music and its makers, gives Recording Academy members an opportunity to visit the local district offices of their elected members of Congress and discuss the pressing issues facing the music community.

Last year, almost 2,000 Recording Academy members participated in District Advocate Day — making it one of the largest District Advocate Days to date. Over the course of the activation, Academy members reached 75 percent of Congress by meeting with nearly 200 congressional offices across 45 states.

Year over year, District Advocate Day has directly led to positive change for the music community. In 2022, Recording Academy members advocated for the passage of the PEACE Through Music Diplomacy Act, a bill designed to use music and music-related global exchange programs as a tool to build cross-cultural understanding and advance peace abroad. Just two months later, Congress passed the PEACE Through Music Diplomacy Act as part of the National Defense Authorization Act (NDAA) of 2023.

In 2020, Recording Academy members successfully urged Congress to provide billions in COVID relief for music makers and music small businesses when they needed it the most. And in 2019, the House of Representatives passed the CASE (Copyright Alternative in Small Claims Enforcement) Act just weeks after we advocated for it during District Advocate.

This bill, which passed the House of Representatives 410-6 before getting signed into law, created a small claims court for copyright cases — a huge win for artists who otherwise did not have the means to protect their work from infringement or theft.

This October, Recording Academy members will continue these efforts as they advocate for key issues facing the music community such as artificial intelligence and decriminalizing artistic expression.

Registration is open now until September 8th for all active members of the Recording Academy including Voting, Professional, and Student members. Members interested in and registering, or to learn more, can click here.

Even if you are not a member of the Recording Academy, you can still fight for creator’s rights by contacting lawmakers in support of music makers. We also encourage you to continue checking out our Advocacy page for additional ways to stay involved!

How The Recording Academy Is Helping Ensure Music Creators Are Top Of Mind When It Comes To AI And Copyright Law