Now I never said that Music Modernization Act was a self-licking ice cream cone. That was someone else.
The Google “license” in the MMA on pre-72 recordings allows a sound recording owner of a pre-72 recording to approve or disapprove a request for a noncommercial use of that recording. However ridiculous this whole thing is, it is the law, so we must deal with it. We will have more to say about the proposed regulation in coming days, but a couple points jump right out–most importantly, the obligation on the user to clear the song in the recording before burdening either the Copyright Office or the sound recording copyright owner with a no-money clearance request.
By Chris Castle
When fans find out that their money gets paid for music they never listen to performed by artists they would never listen to, it may give cord cutting a whole new meaning. The ethical pool solution could give music subscription services a chance to get ahead of yet more negative fan reaction.
In the middle of what I think is a lot of hot air about Spotify becoming a threat to record companies–almost always a story promoted either by stock analysts who don’t know a trap case from a coke spoon or by overpaid Spotify executives–comes a very interesting story. According to Digital Music News, Led Zeppelin may be about to launch its own streaming service.
Editor Charlie sez: The current version of the Music Modernization Act can be found here. Don’t ask–there’s some parliamentary reason why it’s now got a different bill number (HR 1551) and has a weird title (“To amend the Internal Revenue Code of 1986 to modify the credit for production from advanced nuclear power facilities”).
Disregard the nuke references, this is the “engrossed amendment” of the MMA.
Music Creators North America, Inc. (MCNA), a music creator alliance representing a US, Canadian and global coalition of over half a million songwriters and composers from around the world through its affiliates in the International Council for Music Creators (CIAM), applauded the passage today of the Music Modernization Act (MMA) by the US Senate. The Act, if signed into law by the President once a unified version is agreed upon by both houses of the US Congress, will reform and streamline the music licensing process and force digital music distributors to take greater responsibility in ensuring the equitable, proper, and timely payment of royalties to music creators for distribution of their works in the US.
According to the member organizations of MCNA, the benefits of the MMA strongly outweighed its shortcomings, and its passage is a welcome step forward. The Act, however, will require constant vigilance by the music creator community to ensure that all of the intended benefits to composers and songwriters are realized. This includes encouragement of music creators to claim the royalties owed to them, careful monitoring of distributions of so-called “unmatched” royalties, and especially close scrutiny of actions undertaken by the music licensing collective established under the legislation and controlled by a board of directors that has only a minority of music creator members. The members of MCNA have pledged their full energies in support of these and other efforts to safeguard songwriter and composer rights, including keeping a close watch on the process in which the US House of Representatives and Senate versions of the bill are reconciled.
WASHINGTON, DC – September 18, 2018 – The SoundExchange family of music creators today applauded the long-awaited passage of the comprehensive Music Modernization Act by the U.S. Senate. SoundExchange issued the following statement from President and CEO Michael Huppe:
“The future of the music industry got brighter today. Creators of music moved one step closer to getting paid more fairly. And industry forces that fought to maintain an unfair and harmful status quo were rebuffed. Now, SoundExchange’s 170,000-member community has just one word for the House of Representatives: Encore.”
“The Music Modernization Act proves what can happen when constructive industry leaders work together towards a greater good. The SoundExchange community joined a historic coalition of artists, labels, songwriters, music publishers, streaming services, performance rights organizations, producers, engineers and unions. The outcome of this collaboration is a law that sets a new framework to guide the future of the music industry. There are still issues regarding creator fairness that we need to address, but today we celebrate a new era of cooperation and progress across the industry.”
SoundExchange will monitor the progress of the Music Modernization Act. Follow updates on our Twitter handle @SoundExchange.
The Content Creators Coalition (c3) and MusicAnswers released the following statement reacting to the Senate passing the Music Modernization Act:
“The Content Creators Coalition (c3) and MusicAnswers applaud the Senate passage and expected prompt House passage of the Music Modernization Act. The bill is a great step forward towards a fairer music ecosystem that works better for music creators, services, and fans.
“Our organizations have been pleased to join in the efforts of the music creator community in support of this bill.
“We also are gratified that our two organizations, in collaboration and independent of other groups, were able to make meaningful contributions to the final legislation, including comprehensive and publicly available audits of the MMA’s new Mechanical Licensing Collective and ensuring that the Collective uses best practices to find the owners of unclaimed royalties. We appreciate the receptivity of key legislators and their staffs to these fundamental notions of transparency and accountability.
“Going forward, we pledge to work with other committed music creator organizations to ensure that songwriters and composers receive the royalties their work has generated and to see that, despite the lack of equal representation for songwriters on the board of the Collective, unclaimed royalties are distributed to the songwriters who earned them. We thank our many thousands of members and signatories for their support of our efforts as we continue to fight for the rights of music creators.”
The Content Creators Coalition (c3) is an artist-run non-profit advocacy group representing creators in the digital landscape. C3’s work is significant to anyone who creates and makes a living from their creations. c3’s objectives are two-fold: First, economic justice for musicians and music creators in the digital domain. Second, ensuring that the current and future generations of creators retain the rights needed to create and benefit from the use of their work and efforts. C3 has grown into a national organization based on representation, advocacy, and mobilization for sustainable careers in the digital age.
MusicAnswers unites songwriters, composers, performers, and producers in a grassroots campaign to inform, organize, and protect the music community about our rights and revenue streams. It is grounded in the firm belief that, regardless of our roles in creating music, our common interests are far greater than those that divide us. Since its launch in January 2016, nearly 3500 music creators and professionals have signed the MusicAnswers Declaration of Principles, which is posted at musicanswers.org.