By Kevin Erickson, Communications Associate, and Maria-Teresa Roca de Togores, Policy Intern
This week’s midterm elections have come and gone, and while turnout was low (as is often the case in midterms), the resulting shift in the balance of power may impact what music-related issues are on the congressional agenda for the next two years. read more
Who gets paid, how much and under what terms when music is played on digital and AM/FM radio? Answering those questions isn’t easy, even for experts. But one thing is clear: 2014 has been a big year for the laws and policies that determine royalty rates for all forms of radio, and the intrigue will likely continue into 2015. read more
Yesterday, a California federal court ruled against Sirius XM in a lawsuit brought by Flo & Eddie of 60’s hitmakers The Turtles regarding the satellite radio company’s failure to pay royalties for the use of recordings made before February 15, 1972.read more
Imagine a radio format that plays “twice as many songs” by only playing about half of each song, in an attempt to cater to “the needs and lifestyle of today’s multitasking, attention challenged listeners.” It may sound like a joke straight out of Mike Judge’s Idiocracy, but it’s the actual concept behind QuickHitz, a syndicated radio format that is currently making news for all the wrong reasons. read more
WASHINGTON, DC—In official comments filed with the U.S. Department of Justice Antitrust Division, Future of Music Coalition argues that the consent decrees which currently govern ASCAP and BMI, the nation’s two leading performance rights organizations (PROs), serve an important purpose for songwriters and independent publishers, along with small and noncommercial broadcasters.
The filing is in response to a request for public comments on competitive concerns that arise from the licensing of musical works by Performance Rights Organizations, as part of the DOJ’s review of existing consent decrees.
The following statement can be attributed to Casey Rae, VP for Policy & Education: read more
FMC is pleased to submit the following comments to the Department of Justice (DOJ) Antitrust Division regarding the agency’s review of the Antitrust Consent Decrees for the American Society of Composers, Authors and Publishers (ASCAP) and Broadcast Music, Inc. (BMI).
Moreover, FMC appreciates the opportunity to address the persistent issues songwriters and independent music publishers face under the Consent Decrees, particularly a lack of transparency and failure to balance interests in the licensing of musical works for public performance, as well as barriers of entry for independent songwriters, publishers, and music platforms.
FMC commends the DOJ for reviewing the Consent Decrees and also commends the agency’s commitment to maintaining healthy competition within the licensing of musical works for public performance. Despite some differences with ASCAP, BMI, and the major consolidated music publishers, we are encouraged that many in this space have expressed their desire to nurture songwriters and expand transparency. We see the DOJ’s review of the Antitrust Consent Decrees as an important opportunity to highlight issues with consolidation of the music industry, the need for fair compensation and stronger protections for songwriters, as well as the importance of ASCAP and BMI to a functional music industry that serves the needs of creators.
FMC’s comments will address the specific questions raised by the DOJ in soliciting public comment for the review.
General Comments for the Review of the ASCAP and BMI Antitrust Consent Decrees
Do the Consent Decrees continue to serve important competitive purposes today? Why or why not? Are there provisions that are no longer necessary to protect competition? Are there provisions that are ineffective in protecting competition?read more
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.
This week marked a frustrating setback for lovers of college radio, as a deal went into effect that splits the broadcast schedule of Georgia State University’s radio station, WRAS, handing over control to Georgia Public Broadcasting. Under the terms of the deal, GPB will control the 100,000 watt broadcast from 5 a.m. to 7 p.m. Mondays through Friday and from 8 a.m. to 6 p.m. on the weekends, leaving GSU students with the remaining hours each day and 24 hour control of the station’s webcast. Additionally, GPB will be proving an undisclosed number of internships to GSU students, but this was little consolation for the loss of the precious terrestrial airtime.
In yesterday’s congressional hearing on music licensing, Chris Harrison, VP of Business Affairs at Pandora, expressed concern for the viability of internet radio, making reference to popular internet broadcaster East Village Radio having shut down its operations last month, “because they couldn’t afford the [royalty] rates.” As fans of EVR’s wildly eclectic programming, we were saddened to hear that the station was closing down. But Harrison’s account of the reasons behind the closure isn’t the full picture.
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.