@edchristman: Songwriters Gain Influence in How the Music Modernization Act Would Work

[Editor Charlie sez:  This tinkering with the board seats changes the songwriter vote from 2/10 to 4/14, a change from 20% to 28% on the new collective created by the MMA, aka the self-licking ice cream cone.  This board structure is still wildly out of sync with every other creator collective in the world and will no doubt be opposed by ex-US writers.  Remember–the MMA covers all songs ever written or that ever will be written, including both US and ex-US works exploited in the US.  If the last compulsory license is a guide, the MMA will last 100 years after the Spotify IPO.  And still does nothing to police the mass NOIs that are filed every day.  But good news about extracting support for Google-opposed Copyright Small Claims Court.]

What the law ultimately says is up to members of the House and Senate, who will write the legislation and the subsequent regulations, but in the meantime, negotiations…have resulted in a proposal that allows songwriters and composers to have four seats on the now-expanded 14-seat board of directors, instead of the initially allotted two seats for songwriters on a smaller 10-seat board; while the unclaimed royalties oversight committee will now be evenly divided between publishers and songwriters. It also has resulted in additional clarifications to how payouts from unclaimed funds are distributed.

While the…the NSAI and SONA…had already come out in favor of the proposed legislation, the Songwriters Guild Of America initially withheld endorsing the legislation, saying it had some reservations about elements of it. But now SGA president Rick Carnes says his group is on board….

As part of the proposed changes, Carnes says that exclusionary clauses in older songwriter/publishers contracts sometimes prevent songwriters from collecting royalties because that clause allows publishers to take the stance that they don’t have to share the money with songwriters if it comes in unattributed to a song. “We tried to clarify that language so songwriters can get their fair share,” Carnes says.

In another move, as part of the negotiations with songwriters, the publishing community has “pledged to lend its full support on Capitol Hill to secure quick passage” of the pending Copyright Alternative In Small-Claims Enforcement (CASE) Act of 2017, which will provide music creators with an alternative to a full blown copyright infringement actions against unlicensed users of music.

Read the post on Billboard


@tnnaterau: Nashville songwriters rip Sony over royalties

The executive director of Nashville Songwriters Association International sent a blistering letter Wednesday to the CEO of Sony Music over the record company’s decision to intervene in rate-setting hearings for digital services such as Spotify, Apple Music and Tidal.

Songwriters and publishers are in the early stages of pleading their case for an increase in royalty rates for interactive streaming services. Sony Music is the only record label to intervene in the case. NSAI Executive Director Bart Herbison said in his letter to CEO Doug Morris that Sony’s “proposal to the (Copyright Royalty Board) would actually lower the rates songwriters currently receive from digital interactive streaming services.”

Morris has said his goal is to increase the rate that Spotify, Apple and other interactive streaming services pay.

Read the post on The Tennessean

@NSAIofficial: Sony Records Attacks American Songwriters

The below letter was written to the CEO of Sony Records on August 3, 2016.

Dear Mr. Morris,

I write to you today struggling to even accurately convey the astonishment felt by American songwriters when recently learning that Sony Records plans to contest songwriters in the current Copyright Royalty Board (CRB) proceedings– intending to lower the already meager royalties we are receiving. What’s worse, you are doing so even after the other major and independent labels have decided not to engage in, and be actively hostile, to songwriters in this proceeding. I have to believe that you are aware that the past few years have seen the American songwriting profession devastated. The Nashville Songwriters Association International (NSAI) estimates that the songwriting profession has dwindled some 80% to 90% in terms of the number of songwriters earning their primary income from royalties on current song activity. It is embarrassingly disingenuous that Sony would attempt to hide behind its claim to “increase the headline rate” when in fact its proposal to the CRB would actually lower the rates songwriters currently receive from digital interactive streaming services. Warner Brothers, Universal and other record labels have chosen not to attempt to suppress the rates digital interactive services pay to songwriters. Perhaps they understand that ultimately their profits really rest on the great songs we create.

Some artists are also great songwriters. But many songs that earn Sony millions and millions of dollars are written by gifted tunesmiths whose names the public will never know. Those individuals cannot earn money from shares of the artist’s concert revenues, merchandising and other income streams like Sony can. Sony is already earning many, many times what songwriters earn from streaming royalties and now you want to reduce the meager amount songwriters are paid from interactive streams. Why? If there is a reason aside from greed, please let us know. It appears that Sony does not value the contribution from, nor the relationship with, songwriters as much as other record labels.

NSAI has openly supported proposals for new/increased royalties for record labels including a royalty from terrestrial radio stations and legislative remedies for pre-1972 sound recordings that are found in the “Fair Play, Fair Pay Act” currently before Congress. Our support for record labels in the music ecosystem makes Sony’s position to lower our royalties for interactive streams particularly disturbing and amounts to picking on the little guy.

NSAI asks that you immediately withdraw your rate proposals from the CRB proceedings and participation with respect to setting rates for digital interactive streaming services. The request you make for lowering our rates makes no sense and amounts to meddling when you consider that the digital services and their subscribers pay the songwriters, not the record labels. If you will not withdraw, we request that you publicly disclose your rate proposals so that everyone can see exactly what Sony Records is seeking to do. If you claim that you are doing what is in our best interest, there should no reason not to make your intentions public.

Somehow it seems the large corporation that is Sony Records does not care about America’s smallest small business, the songwriter, and has forgotten that “It All Begins With a Song.”

Bart Herbison
Executive Director

Read the post on Nashville Songwriters Association International