ASCAP and BMI, the two largest U.S. performing rights organizations, have operated under separate 1941 consent decrees. The decrees, designed to protect competition, dictate how ASCAP and BMI (but not rivals SESAC and Global Music Rights) license music. In February, ASCAP and BMI, who are fierce competitors, urged the consent decrees to be updated or ended, and, last year, Justice Department assistant attorney general for the antitrust division Makan Delrahim vowed to examine the decrees to “determine their validity.” Continue reading ASCAP, BMI Urge Government to Update Consent Decrees

Spotify, Google, Pandora and Amazon have joined forces to appeal a decision of the U.S. Copyright Royalty Board (CRB) they believe “harms both music licensees and copyright owners.” In separate filings, the companies are asking the U.S. Court of Appeals for the D.C. Circuit to review the decision regarding “recently issued … U.S. mechanical statutory rates” that they said “raises serious procedural and substantive concerns.” With the rule as it stands, songwriters would receive a 44 percent increase in payments. Proponents suggest the rule is necessary for songwriters in a digital age. Continue reading Tech Companies Appeal an Increase in Songwriter Royalties

The Department of Justice will soon ask for public input on the status of two legal agreements that have been the foundation of music licensing since 1941, said sources. Advocates of overhauling the rules said that artists are harmed, earning less in the digital age. Those who believe the regulations should stay in place counter that the rules have created a stable marketplace. The review of these music licensing rules comes as the DOJ revisits consent decrees written decades ago for several different industries. Continue reading Department of Justice Revisits 1941 Music-Licensing Rules

At a White House, President Trump signed the Music Modernization Act in a ceremony that was scaled back due to Trump’s monitoring of Hurricane Michael in Florida. The bipartisan act lets songwriters and artists be compensated for pre-1972 recordings, and gives them increased pay for works played on streaming services. In attendance were Kid Rock, the Doobie Brothers guitarist Jeff Baxter, MercyMe, The Beach Boys’ Mike Love, Craig Morgan, John Rich, and Sam Moore. Numerous trade organizations celebrated the new legislation. Continue reading President Trump Signs the Music Modernization Act into Law

Following the House of Representatives passage of the Music Modernization Act in April, the U.S. Senate also gave its unanimous consent on September 18. The bill was renamed after Republican Utah senator Orrin Hatch, also a songwriter, scheduled to retire at the end of his term this year. With the Senate passage, the bill will return to the House to get approval for all the changes made to achieve Senate approval. If and when the House approves, the bill will go to President Donald Trump to become law. Continue reading Music Modernization Act Passed in Senate, Returns to House

The Senate Judiciary Committee voted in favor of the Music Modernization Act, which updates music copyright law for the digital age. Tech companies, music publishers, songwriters, musicians and radio broadcasters cooperated to put together the bill, after years of proposing unsuccessful legislation. With this bill closing some of the flaws of past laws, music publishers and streaming services will likely end the constant wrangling and expensive lawsuits that have bedeviled the digital music industry. Continue reading Music Modernization Act Could Impact Copyright, Licensing

In his annual HPA Tech Retreat address covering all the events in Washington, DC related to copyright law and other entertainment-related issues, Thompson Coburn attorney Jim Burger gave a tutorial on copyright basics he dubbed Copyright 101, and provided an overview on some of the issues related to the Library of Congress and the Music Modernization Act. But the majority of his focus was on the brouhaha over net neutrality and its recent repeal by the Republican-dominated (and chaired) FCC. Continue reading HPA 2018: Washington Update on the Future of Net Neutrality

The National Music Publishers’ Association raised music streaming royalties for songwriters and music publishers by more than 40 percent in an attempt to resolve a conflict between them and the streaming services, including those from Amazon, Apple, Google, Pandora and Spotify. The Copyright Royalty Board now requires those services to pay the aggrieved parties 15.1 percent of their revenue, up from a previous 10.5 percent. Songwriters and music publishers will now receive $1 for every $3.82 the recording labels receive. Continue reading Songwriters, Music Publishers Get More in Streaming Royalties