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The monumental bill was passed Tuesday by the Senate, thanks to an 11-hour compromise between the satellite radio service and the rest of the music industry.
Tuesday started with knives drawn and war in the air, while the music industry mingled with SiriusXM about the law on modernizing music. The bill required the unanimous approval of all senators in the 24-hour hotline process, which meant that only one objection could have it debated in the Senate – which could kill him right now. 'year. But instead of a bloodbath, the day ended with kisses and hugs, most teams came together to celebrate the passage of the bill, thanks to an 11-hour compromise .
Over the past six months, SiriusXM has pushed back the music modernization law by saying that it treated the satellite radio company unfairly compared to its competitors. This public relations game almost ended with a boycott of songwriters / composers from Liberty Media, which holds a controlling stake in SiriusXM. But late Tuesday night, before the day turns, SiriusXM issued a press release announcing that an agreement had been reached and that the company was happy that the bill had been approved by the Senate.
"We are excited to join the music community in sponsoring amendments that protect artists in this legislation," said Liberty Media President and CEO. Greg Maffei said in a statement. "It's important that the music industry progresses so that artists can showcase their work across the United States."
Jim Meyer, CEO of SiriusXM, added: "SiriusXM is a platform that actively respects and supports artists and all music creators, and we are delighted to have entered into this agreement to assist in the production of music. adoption of this law. "
On the other side of the table, the president of the RIAA Mitch Glazier "We are delighted that SiriusXM and the music community have reached an agreement guaranteeing the protection of artists, songwriters, publishers, labels, producers and all music creators who will benefit from this long-sought consensus legislation. . "
Similarly co-founder of the complete management Irving Azoff said in his statement, "This is a monumental opportunity for artists and songwriters who are now assured – in law – that they will receive their deserved royalties.We are proud to be part of this critical consensus and the continuing struggle for artists' rights. "
After a weekend of negotiations between all the major players in the legislation, the compromise was unresolved at the beginning of the week. But it was still unclear whether this would be enough, and the success of the bill depended on whether senators would oppose the planned rapid assistance line process. As of Tuesday, 82 senators had registered as co-authors of the bill, but it was not clear what the other 18 would do. And when industry supporters learned Tuesday morning that SiriusXM had lined up at least two senators to oppose the Music Modernization Act, war and pandemonium proclamations broke out.
At that time, the MMA promoters tried to figure out which senators could organize legislation while considering making a decision: try to find a compromise with SiriusXM or call his bluff and see what would happen. If there was an objection and the legislation had been removed from the unanimous approval process of the hotline, the industry leaders thought that they could probably still get it passed. But with Brett Kavanaugh The confirmation crisis of the Supreme Court, chances are that it does not happen before the break. They could probably still have a vote during the lame session after the November election, but that also posed risks: once the bill was tabled, a senator could try to join amendments that the industry would not want.
At 2:00 pm on Tuesday, proponents of the MMA's music industry were aware. Lindsey Graham (R-S.C.) Was sensitive to the problems of SiriusXM and could always object, while Sen. Mike Lee (R-Utah) was still concerned about the general provision of the competition bill, sources said. Given these possible objections, Senate officials encouraged the industry to try again with SiriusXM. These negotiations started with Sen. Lamar Alexander (R-Tenn.) Going to SiriusXM, opening the doors for industry to resume negotiations while fighting the hotline's clock.
At the time, SiriusXM was still looking for the same amendments it had been advocating for a few months, although it had somewhat changed its position. The company initially wanted the 801 (b) standard to be re-established – a provision eliminated by the MMA – which offers tariff courts an additional consideration when setting rates beyond its standard criteria for most other digital players. (Rights holders complain that these special considerations result in lower tariffs for digital services established prior to the 1998 Digital Millennium Copyright Act, such as SiriusXM.) The company also wanted the wording to ensure that royalties paid to labels and 50% to artists and musicians, since his previous payment retained from artists the amount of labels spent before litigation before 1972. Finally, SiriusXM wanted to give the same consideration to terrestrial radio that it would not have to deal with the fact that its publication fees would be influenced by the fee paid to labels. (The MMA has eliminated this restriction for all other digital services, which music publishers and songwriters hope to obtain through higher payments for publication rights.)
The 50-50 division was an easy compromise for the industry, once Azoff and Susan Genco of his business with the help of Songwriters of North America's Legal Counsel (SONA) Dina LaPolt and lawyer Jacqueline Charlesworth . In fact, negotiations for this part of the compromise had already begun over the weekend, with Azoff and Genco having the labels approved. Under the terms of the agreement, SiriusXM agreed to waive pre-existing service considerations and to no longer use the royalty rates paid to labels when setting publication rates, all in exchange for price certainty in 2027. Existing copyright royalty rates, which represent 15.5% of its turnover to be paid to labels and artists, will last for almost a decade.
Publishers and songwriters did not have to make concessions to get the approval of legislation by Sirius.
The final agreement and all elements met between 4 pm. and at 5 pm, the legislation having finally been approved by the Senate and announced around 6 pm
While some sources insist that SiriusXM has already been proposed and refused a compromise similar to what was finally agreed, others say Display panel This was not the case. But on Tuesday afternoon, a key compromise was found between the RIAA, the labels and Sirius that would keep their royalty rates frozen until 2027 (see here for more details).
Most parties are now satisfied with the bill and hope that its momentum will continue thanks to the approval of the House and the signature of the President. Donald Trump, some see a new dawn where the industry could finally come together to solve problems rather than the usual untimely struggles.
"The unanimous adoption by the Senate of the Music Modernization Act is a monumental step forward in the adoption of this vital piece of legislation," said BMI's President and CEO. Mike O'Neill in a report. "This bill has been the fruit of unprecedented collaboration across the sector and we thank the entire Senate for allowing songwriters and composers to continue to make a living by creating valued music. around the world. "
"After 5 years of collaboration and helping to bring people from all areas of music together, we have finally harmonized our industry," said SONA's lawyer, LaPolt, in a statement. "This is a historic opportunity for the music industry, copyright reform and the beginning of a new era for music creators, in agreement with stakeholders across the sector."
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