Music Modernization Act helps songwriters, artists get paid
Two decades of disruption to music creators have taken a major toll.
Creatives like songwriters and artists are not getting paid what they should, if at all, for their work because of antiquated copyright laws that have not adapted to 21st-century realities.
Most are unable to afford to make a living. As documented by the USA TODAY NETWORK - Tennessee’s 2014 “New Dylans” project, 80 percent of the musical middle class in Nashville has left the business over the last decade.
However, this has a negative impact on cities across the state, many of which market themselves as musical destinations for tourists and aspiring stars.
The realities today include streaming services online such as Pandora and Spotify and/or websites like YouTube — distribution channels that were not envisioned by members of Congress a century ago when they crafted musical copyright legislation.
The services play millions of streams, which consumers eagerly listen to. Meanwhile, the artist gets little, if nothing, in return, except for bragging rights.
Cue Trailer Limon’s 2017 debut single, “Love Don’t Pay the Bills.”
But wait, Congress has had a Johnny Nash moment and “can see clearly now” that the status quo must change.
In a remarkable, and these days rare, unanimous vote of major legislation, the U.S. House of Representatives passed the Music Modernization Act on April 25.
It heeded Bob Harley’s call in “One Love”: “Let’s get together and feel all right.”
OK, enough with the song puns. This is major and has big implications for the future of innovation and creativity in the music business. Artists deserve to be paid for their music. Here’s what this bill does: 1. Improves the mechanical licensing system and creates a new entity to simplify licensing so that digital companies can play the music and music creators get paid
2. Ensures royalty protection for pre-1972 performances, which a loophole in the law has prevented
3. Provides rights to “adjunct” creators, such as, producers, engineers
and mixers
4. Creates a market-rate standard for music royalties — currently there is a lack of unified rate standard.
Now, the bill is not perfect and has its critics. Among the criticism:
❚ The bill omits performer payment for radio airplay.
❚ It indemnifies digital companies from getting sued for streaming music without paying adequate compensation before Jan. 1, 2018.
❚ It puts tremendous power in the hands of big publishers and puts independent songwriters and publishers at a disadvantage.
The bill (HR 5447) passed in the House 415-0. Eight of nine members of Tennessee’s congressional delegation voted “yes.” Rep. Diane Black, who is campaigning for state governor, was not present for the vote.
On May 10, it was introduced in the Senate by lead sponsor Sen. Orrin Hatch, R-Utah, who is also a songwriter. Tennessee’s senators, Lamar Alexander and Bob Corker, have cosponsored the bill.
In a guest column in January, Alexander gave a wholehearted endorsement of the bill: “Working with songwriters, music publishers, and digital music companies — we have reached a consensus on the most significant change to federal music licensing laws in decades.”
The music industry overall wants to see this bill passed and, hopefully, unanimously in the Senate, too, so that President Donald J. Trump will sign it into law shortly thereafter.
Congress could always come back and fix the problem areas later.
Hopefully, it won’t take another 100 years.
David Plazas is the director of opinion and engagement for the USA TODAY NETWORK Tennessee. Call him at 615-259-8063, email him at dplazas@tennessean.com or tweet to him at @davidplazas.