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California has always been a haven for artists and has inspired songs heard around the world. A recent amendment to the law, on the verge of obtaining approval from the California legislature, will unintentionally drive out independent artists from California. Although technological changes have allowed artists to remain independent and create music on their own terms, this law will require them to create this music outside of California.
A recent court decision called "Dynamex"By the California Supreme Court has redefined what it means to be an independent contractor. The state, in an ambitious effort led by the unions, is trying to codify it in a bill entitledAB 5"
AB5 is proposed in response to "carpool" companies like Uber and Lyft. The purpose of the bill is to make it more difficult to classify workers as independent contractors by so-called "big economy" companies. We understand, appreciate and support lawmakers who want to protect hundreds of thousands of drivers in our state who work without benefits, while the companies benefit from their work.
"disproportionate consequences for independent musicians"
Unfortunately, the law is so vast that it will have disproportionate consequences for independent musicians: treat them as leaders of Uber and Lyft, rather than protect them as drivers. The bill states that any person who provides services related to the normal course of business of the "hiring entity" is an employee of that entity. This makes sense for large companies like Uber and Lyft; this does not make sense for the freelance artist who is trying to make music.
Artists work with many people to help them realize their vision: producers, engineers, musicians, publicists, managers, music video creators, dancers, singers, etc. Under this new law, a California artist could become the employer of all these activities. people.
Think of a 14-year-old in his room doing music. Is she able to become an employer and provide punch cards, timesheets, guaranteed meal breaks, health care, retirement benefits, overtime pay calculations, payroll deductions? mandatory tax? Think of N.W.A. at Compton, when they made independent recordings, at the cost and the administrative burden of becoming an employer. By 2019, the possibilities of creating music independently are endless and this law threatens to cancel this innovation.
- The girl in her basement records on the garage group. She invites a friend to play bass on a disc. She is an employer.
- The rapper who hired a mixer to raise the levels of production. It's an employer.
- Producers who hire musicians to play on a track. They are an employer.
- Songwriters who ask people to play a demo so they can present it to an artist. Employers.
- People who organize "singing camps" where composers get together and write songs. Employers.
"The unintended consequence of this law is that they will have to leave California to pursue this dream. "
This is not a big vs small issue. It's small who is struggling to become big. Thousands of young people have dreams in the state of California. Dream of being a record artist, a singer, a producer, a rapper, a small label director, a major label executive, maybe someday. The unintended consequence of this law is that they will have to leave California to pursue this dream.
Get ready Nashville and New York, it looks like you are going to have your own boom of recorded music.
Unless, perhaps, there is something we can do about it. AB5 allows exemptions from the industry. We all agreed to an exemption – and when was the last time the recording artists, independent labels and major labels found an agreement? We have a lot of support from unions, but not all.
If you want to allow independent artists, songwriters and labels to stay in California, we need your help. Call the legislature of your state, your union, the AFM. Tell them how important it is for you that we keep the music in California. Ask them to support an exemption to AB5 for independent registration in California.
But hurry up. The bill comes into force on September 13th.
California has always protected the independence of artists. Do not let AB5 pass without exemption for independent artists and do not force independent music creation in California.
thank you,
Mitch Glazier for the Recording Industry Association of America
Dr. Richard James Burgess for the American Association of Independent Music
Jordan Bromley and Susan Genco for the Music Artists Coalition
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