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Music Modernization Act Passes House, Trump Signature Next

Music Modernization ActThe Music Modernization Act has passed in the U.S. House of Representatives on a unanimous vote after passing in the Senate last week. The bill, which brings music copyright law and royalties into the digital age, now heads to President Trump for his likely signature. Now called the Orrin G. Hatch-Bob Goodlatte Music Modernization Act” (H.R. 1551), the legislation includes these changes:

via The RIAA

The Music Modernization Act  (H.R. 4706S. 2334) is the most significant update to music copyright law for songwriters in a generation. The bill improves both how, and how much, songwriters are paid. The bill reforms Section 115 of the U.S. Copyright Act to create a single licensing entity that administers the mechanical reproduction rights for digital uses of musical compositions – like those used in interactive streaming models offered by Apple, Spotify, Amazon, Pandora, Google and others. It also repeals Section 114(i) and, consistent with most federal litigation, utilizes random assignment of judges to decide ASCAP and BMI rate-setting cases – two provisions that will enable fairer outcomes for songwriters and composers.

The CLASSICS Act (H.R. 3301S. 2393) addresses one of copyright law’s most glaring loopholes: the lack of payment for the streaming of recordings made before 1972. Legacy artists who recorded music before 1972 are not entitled to be paid royalties under federal copyright law when their music is played on digital radio (think Pandora and SiriusXM). Many legacy artists are no longer able to tour in order to earn a living, so this unfortunate gap in the law has an enormous effect on their livelihoods. The CLASSICS Act would treat legacy artists the same way their contemporaries are treated. Notable: Pandora supports this bill, along with the Digital Media Association (DiMA), and the NAACP recently endorsed the legislation, among others. On Valentine’s Day, Rock n Roll Hall of Famer Darlene Love and Mary Wilson of The Supremes made a compelling case before Members of Congress and staff at a CLASSICS Act event on Capitol Hill (see footage here).

The AMP Act (H.R. 881S. 2625) improves and simplifies the payment of royalties owed to music producers, mixers and engineers by allowing royalty collection/distribution organization SoundExchange  to directly pay these music creators. This formalized, streamlined process provides a consistent and permanent arrangement for studio professionals to receive their much- deserved payments for their contributions to the creation of music.

Market-Based Rate Standard For Statutory Licenses. The new bill would also require a market-based rate standard for sound recordings for statutory licenses. This provision would allow the Copyright Royalty Board which sets rates for statutory services to consider the rates and terms that would have been negotiated in the marketplace between a willing buyer and a willing seller. 

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