It used to be that big companies were able to define the parameters for debate about music industry issues, and make all the big decisions. What was good for corporate media and big money, we were told, was good for the artists, and for the music industry as a whole.
The desire to tell a more complete and accurate story centered on the needs and experiences of musicians was a big part of why Future of Music Coalition got started 14 years ago. By now, more people understand that the agendas of a handful of giant music companies may sometimes align with artists, but not always. In fact, these companies are very capable of misdirection when it benefits their bottom line. And tech companies don’t have a lot of experience working directly with artists, in part because the existing structures so often compel big-money negotiations with the major rightsholders. Today, we’re thrilled to see more and more artists speaking openly about the issues that impact their livelihoods. Independent labels are getting bolder too, in demanding fair treatment and respect for their different way of doing business.
The House Judiciary Subcommittee on Courts, Intellectual Property and the Internet held its second hearing on music licensing on June 25, welcoming input from a variety of interest groups and organizations as a continuation of the ongoing reexamination of our country’s copyright system. You can find our coverage of the prior hearing here.
Nine witnesses testified before the committee, offering opinions that varied in focus but all highlighted major areas of potential reform. Witnesses for this hearing included singer/songwriter Rosanne Cash representing the Americana Music Association, Cary Sherman (CEO of the Recording Industry Association of America, or RIAA), Charles Warfield on behalf of the National Association of Broadcasters (NAB), Darius Van Arman on behalf of the American Association of Independent Music (A2IM), Ed Christian of the Radio Music License Committee (RMLC), Paul Williams as President of the American Society of Composers, Authors and Publishers (ASCAP), Chris Harrison of Pandora, President of SoundExchangeMichael Huppe, and David Frear, CFO of Sirius XM.
You may have heard that the United States Department of Justice (DOJ) is investigating potential anticompetitive behavior by major music publishers and Performing Rights Organizations (PROs), which collect and distribute royalties to songwriters and publishers for the performance of musical compositions. These “blanket licenses” are made possible by DOJconsent decrees and cover all forms of broadcast as well as concert venues or other establishments that publicly perform music (think bars or restaurants).
Make no mistake, PROs are crucially important to songwriters. They provide leverage to artists who wouldn’t otherwise have it in rate negotiations with music services; they pay their songwriter members directly under fair splits (50-50 between artist and publisher); and they allow music to be efficiently licensed to AM/FM, Internet and satellite radio, which means listeners have more opportunities to hear music, and songwriters have more opportunities to get paid.
Yesterday (June 25, 2014), the House Subcommittee on Courts, Intellectual Property and the Internet held yet another hearing in its ongoing review of existing copyright law. (Our full recap is here; check out our coverage of the full series of hearings here.) Today, we’ll focus on one particular topic that has come up repeatedly in Congress and elsewhere: the lack of federal copyright protections for recordings made before February 15, 1972. read more
If you think about classic rock, soul, jazz, r&b and pop music, lots of names come to mind—the Beatles, Aretha Franklin, Miles Davis and Elvis, to name a few. What you may not realize is that federal copyright law doesn’t apply to recordings made by these performers before February 15, 1972.
This exception makes it hard for these artists—and thousands of less-known musicians and performers—to be paid for their contributions to musical culture. read more
WASHINGTON, DC—Today, Representatives George Holding (R-NC) and John Conyers (D-MI), introduced the RESPECT Act, a bill meant to create a limited performance right for the use of sound recordings by satellite and Internet radio companies.read more
Future of Music Coalition submitted the following comments to the United States Copyright Office in its Notice of Inquiry on the Music Licensing Study. We examine the state of music licensing in America, and how the current regime impacts musicians, songwriters and independent labels.
On May 7, 2014, Representatives Marsha Blackburn (R-TN) and Anna Eshoo (D-CA) introduced H.R. 4588, the Protecting the Rights of Musicians Act [PDF], which aims to get performers and labels paid when their music is played on AM/FM radio.
This proposed legislation is interesting for a couple of reasons. First, it demonstrates the growing bipartisan consensus that performing artists deserve compensation when their music is used in over-the-air broadcasts. Second, it shows how members of Congress who have disagreed on many issues—including the Stop Online Piracy Act (SOPA)—can come together to do the right thing by creators.
At FMC we’re all about artists getting paid for the use of their work, particulary when the music is used by large, publicly traded companies. But if the labels are so keen to make sure that performing artists (or their heirs) are being properly compensated, there’s a better way to do it.