@ArtistRightsNow @MusicAnswersNow: Musicians And Songwriters Celebrate Senate Passage Of The Music Modernization Act

PRESS RELEASE

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.”

About c3:

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.

About MusicAnswers:

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

 

@MikeHuppe: Bringing MMA Across the Finish Line

[From the SoundExchange blog]

by Michael Huppe, President and CEO, SoundExchange

The Music Modernization Act (MMA) now has the support of 76 Senators. As it nears the finish line, SiriusXM is going door-to-door in the Senate in a last-ditch effort to block the MMA, a bill backed by an historic coalition of thousands of music creators, songwriters, producers, labels, publishers and digital music services—all of whom have been working for years to get Congress to reform music licensing laws.

For longtime advocates, it will come as no surprise that SiriusXM is trying to scuttle the MMA at the last minute. This is, after all, precisely what they did 20+ years ago when Congress first enacted legislation giving performers the right to be compensated when digital services use their music. Back then, Sirius stepped in during the final throes of the legislative process to argue that having to pay for music—their primary product—could “disrupt” their nascent business plans. They argued for a special royalty rate–one that effectively forced artists to subsidize their business and gave them a competitive advantage against other companies.  That special treatment has gone on for over two decades ago now. We don’t think such a sweetheart deal was justified back then; but it’s indefensible now.

Once separate companies, SiriusXM is now the sole satellite radio company in the U.S. It generates revenue well over $5 billion annually, the huge majority of which comes from its more than 32 million subscribers. To put that into context, U.S. wholesale revenue for the entire record industry was $5.9 billion in 2017. Yes, a single company, SiriusXM, makes nearly as much from subscribers in the United States as all record labels and artists combined make from all sources.

Make no mistake about it: SiriusXM would not have a business without recorded music. And yet, SiriusXM has profited for decades by getting music at a special market distorting rate set under a different standard than all its thousands of internet radio competitors. Specifically, the rates set for internet radio are established under a “willing-buyer/willing seller” standard – another way of saying artists and labels are supposed to be paid a fair market rate for their recordings. When setting satellite radio rates, by contrast, the government can – and has – set rates lower than fair market value based on four amorphous policy factors. The impact is not academic: the lower rate standard has cost creators billions of dollars over the last 20 years.

Multi-billion dollar companies should not be subsidized by musicians – and all competing streaming platforms should play by the same rules.

Seems obvious right? It is, and that’s one of the reasons the Music Modernization Act passed the House of Representatives unanimously (as in 415-0; think on that for minute) and is on the verge of passage in the Senate.

The music community is united around the MMA because it ensures fair treatment for music creators and a level playing field for digital radio services. It is a win-win, and the compromises SiriusXM has proposed are inconsistent with the principles upon which the bill is centered. We look forward to the Senate moving this bill — and with it all of music — forward.

@ArtistRightsNow/Content Creators Coalition Open Letter to Senator @RonWyden on Passing the CLASSICS Act

September 17, 2018

Dear Senator Wyden,

Being a musician isn’t easy. We spend months on tour, play late night shows, and spend hours, even days, on end in the recording studio. We sacrifice time with our families and money that could be made in more lucrative, stable jobs. While certainly not an easy decision, we make these sacrifices freely, because this is what we love to do. We don’t ask for special treatment or undue assistance.

All we ask is that you have our back.

The CLASSICS Act, incorporated in the Music Modernization Act, gives elderly artists what they deserve – what they’ve earned. It’s an injustice that just because someone’s career began before 1972, they don’t earn money the same way that other artists do.

Aging artists who recorded music prior to the 1972 cutoff are suffering. They’ve worked decades, making the sacrifices that we all do, only to be robbed when it harms them the most. They’re not asking for a handout, just for the income they’ve earned.

The CLASSICS Act fixes this, eliminating the arbitrary 1972 cutoff. Not only does it make things fairer, it will help older artists in retirement who are struggling without regular income. Millions of seniors in the US live in poverty – we should be working to cut that number, not exacerbating the crisis.

The overall Music Modernization Act would benefit music creators of all ages across the country and provide certainty to digital services. That’s why an unprecedented coalition of songwriters and publishers, record labels and performers, and digital services has joined together to support the bill.

Oregon is home to thousands of musicians of all ages who are counting on you. Support us by supporting the CLASSICS Act as part of the Music Modernization Act.

Amber Sweeney | Bruce Fife | Carrie Brownstein | Corin Tucker

Janet Weiss  | Kathy Foster | k.d. lang | Laura Veirs

Maggie Vail | Neko Case | Peter Buck | Scott McCaughey

Sam Coomes | Scott Magee | Ural Thomas | Westin Glass

@DigitalMusicNws: Major Publishers Will Receive an Estimated $1.5 Billion In the First Year [From Hoffa Clause] After the Music Modernization Act Passes, Sources Say

[Editor Charlie sez: The return of the “Hoffa clause”]

Major music publishers are expected to reap a massive and near-immediate windfall if the Music Modernization Act (MMA) passes into law, according to sources.  But critics say that this unclaimed money doesn’t belong to them.

As the Music Modernization Act moves closer to a final vote in the Senate, critics are pointing to language in the bill that could unfairly benefit major music publishers.

Specifically, major publishers like Sony/ATV Music Publishing, Universal Music Publishing Group, Warner/ Chappell Music, and others stand to gain an estimated in $1.5 billion in unclaimed mechanical royalties within the first year of the bill’s passage, according to details shared by sources close to the legislation.

Earlier, controversy surrounded a clause that would distribute unclaimed mechanical royalties after just three years, based on existing marketshare.  As part of the MMA’s payout process, streaming plays that are reported but not claimed will sit in an unmatched pile administered by the Mechanical Licensing Collective, or MLC, which would be created by the Music Modernization Act.

Effectively, that means that the MMA will distribute unclaimed royalties to publishers that do not actually own the copyrights.

Read the post on Digital Music News

Press Release: BOLD EUROPEAN VOTE ENDORSING FAIR PAYMENT FOR THE ON-LINE USE OF MUSIC CELEBRATED BY AMERICAN AND CANADIAN MUSIC CREATORS (MCNA)

[Editor Charlie sez:  This is a press release from Music Creators North America about yesterday’s vote in the European Parliament that was a total win for creators and a total loss for the Digital Music Association and its scammy members who backed an astroturf campaign that backfired.]

Music Creators North America, Inc. (MCNA), a US-Canadian music creator alliance representing a 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), expressed enormous satisfaction over the European Parliament’s visionary vote today in support of the rights of music creators, musical culture, and fair trade economic community.

“This is a crucial step forward for the protection in Europe of therights and interests of North American music creators,” stated MCNA’s cochairs, songwriter Rick Carnes and composer Marvin Dolgay. “It represents a landmark development in one of the world’s most important and influential music markets, and one that we hope will spur rapid implementation in the EU and the adoption of similar legislative action around the world.”

The European Parliament’s members were thanked by the MCNA member groups for their bold vote (438 to 226), unequivocally endorsing the principle of fair online remuneration for creative works. The EU has paved the way for the creative sector finally to be properly rewarded when their works are exploited online. A clear signal has been sent to those powerful digital interests that have, for too long, built enormous wealth upon the unremunerated use of the creative work of others.

In addition, the vote is a resounding commitment to principles of transparency, fairness, equity and affordable access to justice that can improve the professional standing of those whose creative works are entrusted to others for management.

Audiences in Europe may join in celebrating the fact that new mechanisms are now to be put in place that will promote the principle of fair and just reward to creators, and that it will no longer simply be corporations and distributors who are the greatest beneficiaries of the works the citizens enjoy.

MCNA President, Eddie Schwartz, who also serves as CIAM President, said today of the EU Parliament’s vote: “This is a seminal moment in the future of music creators, and indeed all creative people in the EU and around the world. The EU Parliament has clearly shown the way towards not only a new dawn for reinvigorated cultural industries and individual creators, but also the equitable distribution of earnings in the flourishing digital economy. We trust this watershed vote will be endorsed in January 2019. And we hope that future generations will see this as an historic moment, resulting from a newfound solidarity throughout the music creator community and the larger artistic communities as a whole that we shall build upon it in the months and years to come!”

Music Creators North America (MCNA) is an alliance of music creator organizations that represent the rights and interests of composers and songwriters in the United States and Canada. Each of MCNA’s member organizations is run exclusively by and for music creators. As such, MCNA is the pure voice of North American music creators and, through our global alliances, a half-million songwriters and composers across the United States and around the world. Its members include The Songwriters Association of Canada (SAC), The Songwriters Guild of America (SGA), The Society of Composers & Lyricists (SCL), The Council of Music Creators (CMC), and The Screen Composers Guild of Canada (SCGC).

In other news from the Goolag, if you’ve been following the battle over the European Parliament’s passing of the new Copryight Directive, one of the core group of Members of the European Parliament who helped get the legislation passed was the Green Party’s Helga Truepel.  As David Lowery notes in this post on The Trichordist and in many other posts, Big Tech misused political communication tools to spam Members of the European Parliament with the hope of tricking them into thinking that there were actual constitutents who opposed the new Copyright Directive.

Remember that there have been two votes, with yesterday’s victory being the second vote.  Our side lost the first vote following the first astroturf spam campaign.  But–not only did Google get called out about it in The Trichordist, the London Times, FAZ and a bunch of other publications also confirmed David’s research.  Did that stop Google?  Nope.  They did it again in the run up to yesterday’s vote.  As Blake Morgan often says, Goliath never learns.

In a press conference at the European Parliament after yesterday’s vote, MEP Truepel answered a question from a journalist seeking an explanation of why the vote changed so radically–dozens of MEPs actually switched their votes to pass the Directive yesterday.

MEP Truepel said that she thought it was because MEPs were pissed off by the Google-backed astroturf campaign that was so offensively transparent–but not in a good way–that massively backfired on Google.  Of course, not only has it backfired, but Google (and, in fairness, Facebook) was exposed as the prime mover behind the attack, which came right before the European Commission announced yet another multi-billion fine against Google for violating European competition law.

MEP Truepel also announced that she was going to meetings at the Googleplex–aka Spamalot–in the near future to discuss the role of Google in Europe.  Oh, that should just be a bunch of LOLs.

Start at 14:45:10 You HAVE to watch this. When asked why EU Parliament switched from opposing the copyright directive to overwhelmingly supporting it, German MEP Helga Truepel pulls no punches: “I think it’s due to this message spamming campaign. I talked to some of my collegues here [and they] are totally pissed off […]

via “Totally Pissed Off” By Big Tech Spam EU Gives Artists A Copyright Victory — The Trichordist

Networked Propaganda Online activists and lobbyists are using digitally manipulated protests and misinformation to fight a copyright reform in Europe. They know what they are doing. Do Members of the European Parliament know what this is about? A guest commentary. Translated from original German text: http://www.faz.net/aktuell/feuilleton/debatten/von-lobbiysten-die-das-urheberrecht-bekaempfen-15773233.html “History doesn’t repeat itself, it just writes the bill,” […]

via Networked Propaganda- Guest Post by Stefan Herwig. — The Trichordist