@edchristman: Competing Groups Vying to Form Mechanical Licensing Collective Slam Each Other’s Proposals

[Editor Charlie sez:  Food fight in the cafeteria…]

While the two applicants vying to be named the group that will build the Mechanical Licensing Collective created by the Music Modernization Act (MMA) have thus far engaged in mudslinging at their competitors, in the comments to the Copyright Office filed Monday and posted Tuesday evening, each group let loose with both barrels in appraising the other’s proposal.

Read the post on Billboard

Selected Must Read Comments from the Indie Community to the Copyright Office on the Music Modernization Act

[Editor Charlie sez: ARW readers have probably seen the mainstream promotion for the two contenders to be the Mechanical Licensing Collective under the Music Modernization Act.  What you may not have seen is the commentary from the indie community.  The Copyright Office is currently soliciting input from the creative community about who would do a better job, “the MLC” supported by the National Music Publishers Association and their allies NSAI and SONA, or the American Mechanical Licensing Collective, backed by Zoë Keating, Stewart Copeland, Maria Schneider and many other songwriters.  The comment period closed on April 22 and all comments are now posted on the Regulations.gov website.  Following are selected comments and links that are important and raise many significant fairness issues as well as some business questions and legal hurdles that the MLC will ultimately need to get past.  It’s not that others aren’t also interesting to the extent they are not form comments to the “Registrar of Copyright”…sheesh…it’s just that you’ve probably heard it all before.]

DOCUMENT ID:    COLC-2018-0011-0017 (https://www.regulations.gov/document?D=COLC-2018-0011-0017)
DOCUMENT TYPE:  PUBLIC SUBMISSIONS
POSTED DATE:    04/23/2019
DOCUMENT TITLE: Schneider, Maria – Reply Comments

DOCUMENT ID:    COLC-2018-0011-0018 (https://www.regulations.gov/document?D=COLC-2018-0011-0018)
DOCUMENT TYPE:  PUBLIC SUBMISSIONS
POSTED DATE:    04/23/2019
DOCUMENT TITLE: Keating, Zoe et al. – Reply Comments

DOCUMENT ID:    COLC-2018-0011-0056 (https://www.regulations.gov/document?D=COLC-2018-0011-0056)
DOCUMENT TYPE:  PUBLIC SUBMISSIONS
POSTED DATE:    04/23/2019
DOCUMENT TITLE: SGA (Songwriters Guild of America) – Reply Comments

DOCUMENT ID:    COLC-2018-0011-0038 (https://www.regulations.gov/document?D=COLC-2018-0011-0038)
DOCUMENT TYPE:  PUBLIC SUBMISSIONS
POSTED DATE:    04/23/2019
DOCUMENT TITLE: MusicAnswers – Reply Comments

DOCUMENT ID:    COLC-2018-0011-0039 (https://www.regulations.gov/document?D=COLC-2018-0011-0039)
DOCUMENT TYPE:  PUBLIC SUBMISSIONS
POSTED DATE:    04/23/2019
DOCUMENT TITLE: Muddiman, Helene (pt. 1) – Reply Comments

DOCUMENT ID:    COLC-2018-0011-0040 (https://www.regulations.gov/document?D=COLC-2018-0011-0040)
DOCUMENT TYPE:  PUBLIC SUBMISSIONS
POSTED DATE:    04/23/2019
DOCUMENT TITLE: Muddiman, Helene (pt. 2) – Reply Comments

DOCUMENT ID:    COLC-2018-0011-0041 (https://www.regulations.gov/document?D=COLC-2018-0011-0041)
DOCUMENT TYPE:  PUBLIC SUBMISSIONS
POSTED DATE:    04/23/2019
DOCUMENT TITLE: Muddiman, Helene (pt. 3) – Reply Comments

 

@HeleneMuddiman: Founding SONA Member, Top Composer Breaks Ranks to Support the AMLC — Here’s Her Statement

[After Zoe Keating’s important post on how unrepresented songwriters are ill-served by the “consensus” mechanical licensing collective as proposed, SONA member Hélène Muddiman breaks ranks and makes an impassioned plea for fairness out of concern for the reportedly billion dollar black box that is becoming an increasing focus.]

Time is running out!

This is a truly momentous time in the history of music copyright.

Fellow composers and songwriters, and those who rely upon us for their living, our Digital Mechanical Royalties are about to be collected by a new Mechanical Licensing Collective (MLC).  There are billions of dollars at stake already, and billions more as the future moves towards on-demand streaming platforms where mechanical royalties become big business.

It’s confusing, because not everyone may realize that there are two submissions vying for the job of the MLC, which will collect and distribute these billions of dollars.

The NMPA-led application actually calls itself ‘The MLC,’ but it is not yet the MLC.  The Copyright Office is asking for comments to help it decide whether to appoint the indie-led submission instead, called the AMLC (or American Mechanical Licensing Collective).

The Copyright Office could very well choose the AMLC if creators from around the world send in their comments to influence the decision before April 22nd (please use this link: https://www.regulations.gov/comment?D=COLC-2018-0011-0001).

Read the post on Digital Music News

Must Read Post by @zoecello on the MLC Selection: Unrepresented songwriters deserve to be heard

I took a few years away from artist advocacy (after my husband died of cancer) but recently I feel called to get involved again and I’ve joined the board of the American Mechanical Licensing Collective.

I’m not being paid to do this and I’m not on anyone’s payroll — I’m a single mom who makes a living as a recording artist and I hardly even have time to even write this — but I feel compelled to speak out because time is short and I don’t see anyone else doing it. I’ve always advocated for under-represented artists and done what I can to shine a light on the friction and roadblocks that we face in earning a living from our music. My interest in joining the AMLC is to get royalties to the people who earned them, as transparently and efficiently as possible.

This is wonky stuff but bear with me

Read the post on Medium

As best we can tell from the outside looking in, this chart has the dates for key events in the critical path to launch for the Mechancial Licesing Collective as required by the Music Modernization Act–the “Countdown to Modernity.”

This chart is a work in progress, and if anyone sees anything wrong in it or something that should be clarified or corrected, please let us know.  It should be considered a draft, but we hope that it will solidify over the next few weeks.

To our knowlege, no one else has published a chart like this.  The main takeaway from this chart should be the clock is ticking and time is going by.  Our prediction?  Time will become the MLC’s biggest enemy, if that hasn’t already happened in the drafting of the Music Modernization Act.  What we don’t see in the MMA is any discussion of what happens if a deadline is blown for whatever reason.

But mark your calendars–we see the first key date as January 7, 2019.  That’s 64 days from now and holidays count.

ARTIST RIGHTS WATCH
COUNTDOWN TO MECHANICAL LICENSING COLLECTIVE LAUNCH
WEEK 4

KEY DATES SCHEDULE FROM ENACTMENT DATE (10/11/18)

TO LICENSE AVAILABILITY DATE (1/1/21)

EVENT ACCCOMPLISHED WHO OWNS? TIME EXPIRED   BEFORE LAD TIME REMAINS TO LAD
REQUEST FILING TO BE MLC STATUS UNKNOWN—Deadline  1/7/2019 COPYRIGHT OFFICE 90 DAYS 726 days
DESIGNATION OF MLC STATUS UNKNOWN—Deadline  7/7/2019 COPYRIGHT OFFICE 270 days 545 days
FORMATION OF MLC NONPROFIT STATUS UNKNOWN MLC 4 weeks 112 weeks and 5 days
SUBSTITUTION OF BLANKET LICENSE FOR ALL EXISTING COMPULSORY LICENSES AUTOMATIC 1/1/2021 COPYRIGHT OFFICE 789 days
MLC BUDGET STATUS UNKNOWN

(Assume deadline of 1/7/19)

MLC/DLC/CRJ 112 weeks and 5 days
INITIATE ASSESSMENT PROCEEDING w/CRJs [MUST COMMENCE NO LATER THAN 7/7/2019]

STATUS UNKNOWN

MLC/DLC/CRJ 271 days 545 days
ASSESSMENT RULING [PUBLISHED IN FR NO LATER THAN 7/7/2020] MLC/DLC/CRJ 637 days 179 days
APPEAL OF ASSESSMENT RULING 30 DAYS AFTER PUBLICATION OF ASSESSMENT RULING MLC/DLC/CRJ/ DCCOA 667 days 149 days
MLC BUSINESS PLAN STATUS UNKNOWN

(Assume deadline of 1/7/19)

MLC/CO 90 DAYS 726 days
ANNOUNCED BOARD NOMINEES STATUS UNKNOWN

(Assume deadline of 1/7/19)

MLC 90 DAYS 726 days
APPOINTED BOARD STATUS UNKNOWN

(Assume deadline of 1/7/19)

MLC/CO 90 DAYS 726 days
APPOINTED DLC STATUS UNKNOWN—Deadline  7/7/2019 COPYRIGHT OFFICE 270 days 545 days
ENGAGED VENDORS STATUS UNKNOWN

(Assume deadline of 1/7/19)

MLC 90 DAYS 726 days
PAID VENDORS STATUS UNKNOWN (ASSUME 7/7/2020 IF NO APPEAL OF ASSESSMENT) MLC 270 days 545 days
ANNOUNCEMENT OF DATA STANDARDS STATUS UNKNOWN MLC/DLC
REGULATIONS* STATUS UNKNOWN CO
COMMENTS AND REPLY COMMENTS ON REGULATIONS STATUS UNKNOWN Songwriters and Publishers
EXPLANATION OF OPERATIONS: HOW TO REGISTER WITH MLC AND COST OF REGISTRATION STATUS UNKNOWN

(Assume deadline of 1/7/19)

MLC/CO 90 DAYS 726 days
REGISTRATION START DATE STATUS UNKNOWN

 

MLC=Mechanical Licensing Collective

DLC=Digital Licensee Coordinator

CRJ=Copyright Royalty Judges

DCCOA=District of Columbia Circuit Court of Appeals

CO=Copyright Office

LAD=License Availability Date

*Topic areas to be updated as announced

via COUNTDOWN TO MODERNITY (11/5/18)–The Progress to Production Chart for the Mechanical Licensing Collective — Music Technology Policy

Music Creators North America: PASSAGE BY US SENATE OF MUSIC MODERNIZATION ACT IS APPLAUDED BY MUSIC CREATORS NORTH AMERICA

PRESS RELEASE

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.