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What’s Up with the Music Modernization Act?

March 8, 2018

On Friday, January 26, 2018, at 2:00 p.m., the US House Judiciary Committee will hold a hearing before the full committee on music policy:

Music Policy Issues: A Perspective from Those Who Make It
https://judiciary.house.gov/hearing/music-policy-issues-perspective-make/

It is worth your while to read the submitted written testimony (included in the link above) from a range of artists involved with producing, recording and songwriting.

The bills mentioned are:

  • The Music Modernization Act, filed by Doug Collins (R-GA) on December 21, 2017
    https://www.congress.gov/bill/115th-congress/house-bill/4706
  • The CLASSICS Act, introduced by Darrell Issa (R-CA) on July 19, 2017:
    https://www.congress.gov/bill/115th-congress/house-bill/3301
  • The Fair Play Fair Pay Act of 2017, introduced by Jerrold Nadler (D-NY) on March 30, 2017
    https://www.congress.gov/bill/115th-congress/house-bill/1836
  • The AMP Act, filed by Joseph Crowley (D-NY) on February 6, 2017:
    https://www.congress.gov/bill/115th-congress/house-bill/881

Most of the major industry voices support these bills.

RIAA, NMPA, Recording Academy and More Announce Support for Music Modernization Act, Other Legislation
http://variety.com/2018/biz/news/riaa-nmpa-recording-academy-and-more-announce-support-for-music-modernization-act-other-legislation-1202657104/

However, the picture is not all roses for some, particularly small publishers and songwriters.

Timed Out and Tuned Out: The Forfeiture of Unclaimed Royalties and the Loss of Meaningful Access to Litigation Under the Music Modernization Act
http://www.sgrlaw.com/client-alerts/timed-out-and-tuned-out-the-forfeiture-of-unclaimed-royalties-and-the-loss-of-meaningful-access-to-litigation-under-the-music-modernization-act/

“While many in the music industry welcome this bill, smaller publishers and musicians may be surprised to learn that several of the provisions in the Music Modernization Act may harm their interests.”

In addition, the bill “effectively shuts down any potential legal claims on unpaid mechanical royalties from companies like Spotify.”
https://artistrightswatch.com/2018/01/10/truth-will-out-digitalmusicnws-surprise-the-music-modernization-act-prohibits-litigation-against-streaming-services-with-new-safe-harbor/

We encourage those in the industry who have a stake in these bills to read and follow commentary as the bill proceeds through the Judiciary Committee, and to contact your trade association and members of the Committee with your concerns.

Further reading:

A collection of comment on the Music Modernization Act from Artists Rights Watch
https://artistrightswatch.com/tag/music-modernization-act/

Music Modernization Act launched in the US – The 1709 Blog
https://the1709blog.blogspot.com/2018/01/music-modernization-act-launched-in-us.html

 

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