[Editor Charlie sez:  After the many letters from songwriter organizations, it is looking like what The Bible described as the “full throated endorsement of licensing reform” was more like a throat full of cram down by Big Tech–and their search for yet more loopholes and even safer harbors.]

MUSIC CREATORS NORTH AMERICA

February 1st, 2018

Dear Chairman Goodlatte and Ranking Member Nadler:

Thank you for the opportunity to submit these comments for the record of the House  Judiciary Committee field hearing, “Music Policy Issues: A Perspective From Those Who Make It,” held in New York City on January 26, 2018. They are submitted on behalf of Music Creators North America (MCNA), an alliance of music creator organizations that represent the rights and interests of composers and songwriters, principally in the United States. 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 writers and, through our global alliances, a half-million songwriters and composers around the world.

For the sake of clarity, however, this submission should be regarded as principally representing the view of MCNA’s thousands of American members, rendered with the full support of the MCNA-aligned international music creator community.

Specifically, we would like to address issues concerning the Music Modernization Act (HR. 4706). In doing so, we want to stress that MCNA and its coalition partners enthusiastically support the principles underlying HR 4706, and wish once again to thank Representatives Doug Collins, Hakeem Jeffries, and the other co-sponsors of the bill for their hard work and devotion to the cause of protecting the creative community.

We note that, at the January 26 hearing, several members of the Judiciary Committee asked the panelists a significant question that went unanswered. In the paraphrased words of Representative Demings, if, as some panelists indicated, the MMA is not perfect, how can it be improved? Since none of the panelists addressed that important inquiry in detail, we would like to take this opportunity to draw to the Committee’s attention three crucial clarifications, among a number of concerns, that would give great benefit and comfort to the community of American songwriters and composers, issues we very much hope to discuss with the Committee’s Members prior to mark-up.

Chief among them is the selection of the members of the boards of the proposed Collective, both the number of seats allotted to songwriters and composers and the election process to fill those seats. As you and the members of your Committee well know, Article I, Section 8 of the United States Constitution recognizes the rights of authors and inventors and empowers Congress to protect those rights. The work of songwriters and composers (i.e. authors) is the foundation on which rests the entire music industry, the business of commercial entities that distribute music, and the enjoyment of music fans.

While songwriters and composers are free to engage in contractual relationships with publishers, record companies, and a wide variety of representatives covering other aspects of their careers, US copyright law gives most creators them the unfettered right to control their work from inception.

As the creators of these foundational works, we are simply seeking an appropriate voice in their exploitation. In order to ensure that our voice is truly heard, it is of crucial importance that the legislation provide the songwriter and composer community (as distinguished from, for example, those who administer our rights) with a democratic means of selecting a number of board members equal to those of music publishers and other administrators. These should be knowledgeable, independent, and unbiased music reators capable of ensuring in a cooperative way the protection of our rights and interests. We believe that the details of such a process can be arrived at with the cooperation of our colleagues in the music publishing community, and we look forward to that opportunity.

The second issue is a simple clarification in the “Songwriter Payments” provisions found on page 40, line 17 of HR 4706. In order to ensure that music creators get the full benefits of their contracts with music publishers, we believe that very concise language can be added for clarity to ensure that—as intended by all parties—the distribution of unmatched royalties is made by the Collective and by music publishers on a designated, per title basis. Without this language, it may be possible for a music publisher or administrator to pay such royalties to music creators at rates significantly below those set forth in their contracts. We will be happy to provide draft language in that regard if the Committee deems it appropriate.

The third issue concerns the integrity and structure of the mandated database,specifically, the vital inclusion of unique creator identifiers. As you are most likely aware, many music creators make relatively frequent changes in their contractual relationships with publishers, administrators, and others. (This, of course, is one of the frustrating situations with which music users must deal when seeking licenses.) But the name and, therefore, the identifying information of the creator of a composition, never changes. Therefore, for data accuracy and accessibility for music users, music publishers, and music creators to be fully realized, a creator’s number should be recorded on every musical composition in the database stipulated in HR 4706. This will greatly enhance the ability of individual music creators to identify their works, especially those compositions still unmatched, so that they can claim royalties for their uses.

We are pleased to report that discussions of these issues are underway between and among members of the music community. We ask for the Committee’s assistance, indulgence, and encouragement to allow this process to move forward prior to mark-up.

Thank you, Chairman Goodlatte and Ranking Member Nadler, for all you have done forthe American music creator community and the protection of copyright. We are grateful to have been provided with the opportunity to expand and clarify the record on these important issues. We look forward to working with you and the Committee to ensure that this enormously important piece of legislation is the very best bill it can be.

Sincerely,

David Wolfert

For Music Creators North America (MCNA)

cc: Members of the Committee on the Judiciary, United States House of Representatives

For a listing of MCNA Members and Associates, please refer to the website: www.musiccreatorsna.org