How sweet it is
Finally, the Music Modernization Act became law today President Donald TrumpPresented by a handful of industry executives and recordings of artists such as Kid Rock and John Rich, the best of the president.
After an effort that began years ago and was renewed last year, the compromise legislation, which ultimately took much more commitment than the initial version of the proposed bill, will present a new set of business conditions in the industry. Music publishing is expected Worthwhile with the reward of higher fees for composers and publishers.
"The Music Modernization Act closes the loopholes in our digital royalty laws to ensure that composers, artists and producers receive fair payment for music licenses," said Trump just before signing the law. "I've been reading about this for many years and I never thought I would be involved in that, but I got involved in that, they were treated very unfairly, they will not be treated unfairly anymore."
– CSPAN (@cspan) October 11, 2018
Between the friendly artists with Trump were Kid Rock, the singer of Beach Boys Mike Love and the singers of country Craig Morgan and John Rich. The ceremony was also attended by Christian rock group MercyMe and Doobie Brothers guitarist Jeff "Skunk" Baxter, who has pursued a career as a missile defense adviser. Another artist who was expected to be in the White House, Kanye West, was nowhere to be seen.
The soul legend Sam Moore, from Sam & Dave, pointed out that legislation has taken a long time to arrive. "We could not do it with Mr. Bush, when Mr. Obama was inside, we could not do it, but we did it with this man," the singer of "Soul Man" said in brief comments.
"The Music Modernization Act is finally the law of the country," National Music Publishers Assn. president and CEO David Israelite Said in a statement. "Composers have worked for a long time without seeing fair rates and receiving everything they deserve, and for the first time in history, the music industry has partnered with the technology industry to solve these systemic problems. we embark on supporting and helping to build the "In the critical structures within the MMA, we feel humble before the extraordinary progress driven by the unprecedented commitment and political participation of the creators of music. Today is about their future and this bill is a great statement about what can be done when we work together. "
Another component of the bill, the Classics Act, will finally ensure that artists with records prior to 1972 will receive royalties from master recording performance; while a third component encodes a process through which SoundExchange can pay producers and engineers the royalties that their agreements with artists grant them.
"The Music Modernization Act is now the law of the land, and thousands of composers and artists are better for that," said the RIAA president. Mitch Glazier He said. "The result is a music market that is based better on fair competition and fair payment." The enactment of this law demonstrates what music creators and digital services can do when we work together to advance a mutually beneficial agenda. It's a great day for music, I hope that fans across the country will join us to celebrate and PLAY. "
President and CEO of the Recording Academy Neil Portnow He also applauded the signing of the legislation. "In celebrating the harmony and unity that has brought us here, we applaud the efforts of the thousands of performers, composers and studio professionals who joined in a historic change to ensure that all music makers receive an Just compensation when your work is used by digital and satellite music services, "he said in a statement. "We thank members of Congress who have defended this issue over the past few years to bring the law of music to the 21st century."
But once the bill is signed, real hard work begins, especially with respect to the music publishing part of the law. In addition to changing some standards by which copyright royalties for the composition of the songs are established by the copyright of the Copyright Board and the ASCAP and BMI fee cuts, the MMA creates a mechanical license general and a collective to oversee that process and manage the collection, payments and reports to the composers. and publishers.
"The enactment of the Music Modernization Act, promulgated by the President, is the culmination of a gigantic struggle that was resolved by an unprecedented alliance between all stakeholders in the music industry and the relevant technology companies." said the CEO of A2IM. Richard Burgess Said in a statement. "In this digital age, more people enjoy music than at any other time in the history of humanity." The signing of this bill represents a significant step toward a better life for music makers and those who support them. A big ovation is well deserved for all those involved in this historic achievement. "
However, the sources have been suggesting Billboard From the beginning of the effort for the MMA to be approved, now the real internal struggle will begin through the configuration and regulations.
In addition, it is assumed that the collective should build a comprehensive and integral public database of the industry that matches the compositions with the recordings, an ambitious undertaking that has not yet been successfully completed in the previous attempts of the industry.
In addition, during the first years of operation of the MMA collective, administrators who expected to lose business as a result of legislation, such as Music Reports Inc., the Harry Fox Agency, Audiam and others, will probably enjoy a great deal of help. According to the sources, as the editors say they can afford it, they will hire them to double check the Collective to make sure they are doing their work with precision.
"Today, President Trump signed the bipartisan music modernization law Hatch-Goodlatte (MMA), which will finally incorporate the copyright laws of music into the digital age," according to a statement issued by John Josephson, president / CEO of SESAC, owner of HFA. "We applaud the hard work and tireless effort of all in this legislation, especially the senators who worked diligently to get the bill passed by the House, and we are grateful for our committed composition and publication community, whose focus and passion have strengthened our industry. for generations to come. "
As part of the legislation, tariff regulators now have to consider the market and try to duplicate a willing buyer / seller standard when setting rates. In addition, the legislation eliminates two elements of the copyright law that composers and publishers considered to be depressing rates, "pre-existing services" that received special considerations when tariffs were established; and not being able to quote the fees that are paid to the record labels and the artist. By eliminating both rules, speed regulators can now consider how much is being paid to record labels when setting music publishing rates.
"A young composer wrote once:" You give a little love and everything comes back to you, you will be remembered for what you say and do, president / composer and director of ASCAP Paul Williams Said in a statement. "Decades later, this could not be more true, composers across the country now and in the future will remember those who fought so hard for the Music Modernization Act, both in Congress and throughout the music industry. On behalf of the music community, we are very grateful for the love and we will return the favor with the music for the generations to come ".
Those feelings were repeated by the composer Ross Golan. "The past of the music industry was built behind the backs of artists and composers," according to a statement from Golan, a member of the Songwriters of North America. So it's appropriate for artists and composers to take the industry to the future. We are no longer the sleeping giant exploited. We are here and we are organized. They told us that uniting composers is like driving cats. Well, we did it and now we are a pride of lions. "
On the way, when some industry parties complained to Congress because the MMA would likely damage their business models, SONA and the International Association of National Composers. the members bombarded the social networks, calling them and pressing them to come on board. However, it was the leadership of Congress that hit heads and made all parties sit down and promulgate new commitments with the bill.
While composers are expected to enjoy better law payments, on-demand services also get a great benefit, since the general license guarantees that they will not be affected by copyright infringement suits if they follow the rules correctly. .
In a statement, Spotify applauded the legislation, describing how it previously had to do business as obsolete. "One of our main missions on Spotify is to allow a million artists to make a living from what they love: create and play music," Spotify's general counsel and vice president of business and legal affairs. Horacio GutierrezHe said in a statement. "The Music Modernization Law is a great step to make this a reality, modernizing the obsolete licensing system to adapt to the digital world we live in. MMA will benefit the music community and create a more transparent and streamlined for the licensing and payment of music artists. "
The inability of the services themselves and, in some cases, the administrator to whom they were superior, had led to some very high-profile and very costly judgments for the unpaid royalties of the services. Most of those demands have been resolved, but Spotify has yet to fight a $ 1.6 billion lawsuit filed by Wixen Music Publishing in the last days of 2017.
Since the MMA prevents claims for copyright infringement, if the digital services comply with all rules and regulations established by the collective, and is retroactive until January 1, 2018, Wixen had to rush to present his Demand, which remains pending Beyond that, industry sources expect this part of the bill to face more legal challenges.
In another change, in the future, the PRO type courts will rotate among the judges of the Southern District of the United States in New York. Previously, all cases were dealt with by the BMI type court Judge Louis Stanton and the ASCAP rate cut Judge Denise Cote.
"Thanks to the tireless efforts of our music makers and members of the ASCAP publishing house, industry partners and congressional champions, a more sustainable future for composers is finally within reach," said ASCAP CEO Elisabeth Matthews Said in a statement. "The unanimous passage of the MMA in the House of Representatives and the Senate demonstrates that the power of music is a great unifier." ASCAP is pleased to have been together with the creators, music publishers and many more to make this dream a reality. dream".
President and CEO of BMI added Mike O & # 39; Neill"This is truly a historic moment for the music industry, especially for American composers and composers, who will see a significant and deserved benefit from this legislation." The approval of the Orrin G. Hatch-Bob Goodlatte Musical Modernization Act was a This is an extraordinary result that recognizes the essential contributions of the creators and streamlines the use of their music in all companies.BMI will continue to advocate to protect the livelihood of music creators in the digital age, we thank Congress and the President for giving this important step in the implementation of the most significant music license reform in decades ".
Also the executive directors of SONA. Michelle Lewis Y Kay Hanley He said in a statement, "SONA and its membership of composers who work in person want to express sincere thanks to Congress and our colleagues interested in the music business for achieving what they all believed impossible: commitment, consensus and approval of the Orrin G Hatch – Bob Goodlatte Music Modernization Act While President Trump enacts our bill, today marks another momentous event in the rich history of music and the people who create it. "
In fact, getting President Trump to sign the legislation was the last obstacle for the MMA to become the law of the land. A minority of industry executives were concerned that the president, known for his vengeful streak, might hesitate to sign legislation if he was reminded that composers and artists were largely against his election in the first place; and that right holders have a tendency to cry over copyright infringement when a Republican politician uses his music in his campaigns.
However, others pointed out that even if Trump vetoed it, the legislation, which was passed with the unanimous bipartisan approval of both bodies of Congress, could easily gather enough votes to nullify any last-minute stubbornness on the part of the president.
In the end he signed the legislation, and as a lawyer and adviser to SONA. Dina LaPolt In a statement, "the unifying power of music helped opposing communities cross party lines to pass the Music Modernization Law with unanimous congressional support." The president's final signature now enshrines the MMA in the law American, protecting the creators of music for generations to come. Feel more proud of SONA and all the composers who got involved in the whole community of music creators to help put this on the line! Now the real work begins! "
It is true that, from now on, to configure the Collective.